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BY-LAWS  AND  CHARTER 


OF  THE 


SUWBURY  i  ERIE  RAILROAD  COMPANY. 


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V  vi  • 


WITH  ITS 


l  L  ' 


X 


SUPPLEMENTS,  &c. 


BY-LAWS 


OF  THE 


BOARD  OF  MANAGERS 

OF  THE 


SIMM  I  ERIE  RilLROAD  COMPANY. 


TOGETHER  WITH  THE 


CHARTER  AND  ITS  SUPPLEMENTS. 


PHILADELPHIA : 

CRISSY  &  MARKLEY,  PRINTERS,  GOLDSMITHS  HALL, 
LIBRARY  STREET. 

1858. 


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'Al'Z'Z  ’  q£  ' 


OFFICERS. 

Kj 


President. 

WILLIAM  a.  MOREHEAD, 


Secretary  and  Treasurer. 
JOHN  LINDSAY, 


Managers. 

SAMUEL  V.  MERRICK, 

ELLIS  LEWIS,' 

JOHN  C.  CRESSON, 

A.  BOYD  CUMMINGS,  - 
HENRY  DUHRING, 

PHILIP  M.  PRICE, 

C.  B.  WRIGHT, 

D.  K.  JACKMAN,  - 
ALONZO  WILCOX, 

Elected  by  City  Councils . 

HARRY  CONNELLY,  JAMES  D.  WHETHAM, 

THOMAS  L.  KANE, 

Chief  Engineer . 

ROBERT  FARIES. 


of  Philadelphia. 

« 

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(t 

of  Clinton  County. 
Elk  “ 


-  - 


„ 


. 


BY-LAWS 


OF  THE 

BOARD  OF  MANAGERS 


OF  THE 

SUNBURY  AND  ERIE  RAILROAD  COMPANY. 


Section  I. 

The  Stated  Meetings  of  the  Board  of  Managers  shall  be  held 
on  the  third  Saturday  of  each  month,  at  such  time  and  place  as 
-  they  may  from  time  to  time  designate.  Special  Meetings  may  be 
called  at  any  time  by  the  President,  when  he  may  think  necessary, 
and  it  shall  be  his  duty  to  call  such  meetings  at  the  written  re¬ 
quest  of  any  two  members  of  the  Board. 

Section  II. 

The  President  shall  preside  at  all  meetings  of  the  Board,  pre- 
serve  order,  and  regulate  debate,  according  to  the  usual  Parlia¬ 
mentary  rules,  and  appoint  all  Committees  not  otherwise  ordered 
by  the  Board.  He  shall  have  the  custody  of  the  seal  of  the 
Company,  and  attend  generally  to  its  executive  business  under  the 
direction  of  the  Board,  and  be  ex-officio  a  member  of  all 
Committees. 

All  letters,  reports,  or  other  papers,  relating  to  the  business  of 
the  Company,  received  by  the  Secretary,  Treasurer  and  Chief 
Engineer,  shall  be  submitted  to  the  President,  and  when  practi¬ 
cable  all  instructions  emanating  from  these  officers  shall  be  first 
approved  by  him  or  by  the  Board  of  Managers. 

Section  III. 

The  Secretary  shall  keep  a  regular  record  of  the  proceedings  of  Duties  «f 
the  Board,  give  notice  to  the  members  of  all  stated  or  special 
meetings,  attend  the  meetings  of  all  standing  or  special  committees 
when  required,  and  attend  to  such  other  proper  duties  as  the 


6 


Duties  of 
Treasurer. 


Certificates 

Stock. 


When  lost. 


President  or  Board  of  Managers  may  require,  and  give  the  notice 
required  by  law  of  the  Annual  and  Special  Meetings  of  the  Stock¬ 
holders. 

Section  IV. 

The  Treasurer  shall  give  bonds,  with  one  or  more  satisfactory 
sureties,  in  such  sum  as  the  Board  may  from  time  to  time  require, 
for  the  faithful  performance  of  all  his  duties,  as  set  forth  in  the 
Act  of  Incorporation.  He  shall  keep  a  regular  set  of  books,  con¬ 
taining  the  accounts  of  the  Company,  and  all  the  funds  that  may 
pass  through  his  hands,  and  keep  a  separate  account  as  Treasurer 
in  such  bank  or  banks  as  the  Board  of  Managers  may  from  time 
to  time  designate.  He  shall  make  detailed  reports  of  his  receipts 
and  disbursements  at  each  stated  meeting  of  the  Board,  and  at  the 
stated  meeting  in  January  of  each  year  shall  present  a  complete 
statement  of  his  accounts  for  the  year  ending  on  the  31st  day  of 
December  previous,  and  shall  attend  to  such  other  proper  duties 
as  the  Board  may  from  time  to  time  require.  His  books  shall  at 
all  times  be  open  to  the  inspection  of  the  President  or  any  mem¬ 
ber  of  the  Board.  All  payments  shall  be  made  by  orders  drawn 
upon  the  Treasurer,  as  directed  by  the  Act  of  Incorporation,  and 
all  checks  shall  be  signed  by  the  Treasurer  and  counter-signed  by 
the  President. 

Section  V. 

of  Certificates  of  Stoch  shall  be  issued  to  the  Stockholders,  and 
transfers  made  when  required,  said  certificates  to  be  signed  by  the 
President  and  counter-signed  by  the  Treasurer,  and  authenticated 
by  the  seH  of  the  Company.  The  certificates  surrendered  shall  be 
cancelled  by  the  President  or  Treasurer,  at  the  time  of  transfer, 
and  examined  and  reported  upon  monthly  by  the  committee  on 
accounts. 

x\ny  person  or  persons,  or  corporation,  claiming  a  certificate  or 
evidence  of  stock  to  be  issued,  in  lieu  of  one  lost  or  destroyed, 
shall  make  an  affidavit  or  affirmation  of  the  fact,  and  advertise  the 
same  in  one  or  more  newspapers  in  Philadelphia  twice  a  week  for  four 
weeks,  describing  the  certificate,  and  shall  transmit  to  the  office  of 
the  Company  the  affidavit  or  affirmation,  with  the  advertisement, 
and  shall  give  the  Board  a  bond  of  indemnity,  with  one  or  more 
securities  if  required,  in  double  the  sum  of  money  paid  on  such 
certificate  to  be  renewed,  against  any  damage  that  may  arise  from 
the  issuing  of  a  new  certificate.  Whereupon  the  President  and 


I 


Treasurer  may,  one  month  after  the  last  advertisement,  issue  a 
new  certificate  of  the  same  tenor  with  the  one  alleged  to  be  lost  or 
destroyed,  therein  specifying  that  it  is  in  lieu  thereof. 

Section  VI. 

The  Standinq  Committees,  to  be  appointed  annually  at  the  first  Standing 

u  1  1  r  J  Committee?. 

stated  meeting  of  the  Board,  shall  be  a  Committee  on  Finance,  to 
consist  of  three  members,  a  Committee  on  Accounts,  to  consist  of 
three  members,  and  a  Committee  on  the  Read,  to  consist  of  four 
members  besides  the  President. 

The  Committee  on  Finance  shall  have  a  general  supervision  of  Finance- 
the  finances  of  the  Company,  shall  keep  in  a  book  a  regular  record 
of  their  transactions,  and  report  their  proceedings  to  the  Board  at 
each  stated  meeting. 

It  shall  be  the  duty  of  the  Committee  on  Accounts  to  examine  Accounts, 
and  audit  all  bills  before  they  are  presented  to  the  Board  for  pay¬ 
ment,  and  to  have  a  general  supervision  of  the  accounts  of  the 
Treasurer. 

k 

The  Committee  on  the  Road,  of  which  the  President  shall  be  On  the  Road. 
Chairman,  shall  have  a  general  oversight  of  the  location  of  the 
Road,  damages  to  be  awarded,  contracts,  the  appointment  and  dis¬ 
missal  of  subordinates,  and  every  thing  having  reference  to  the 
construction  of  the  work,  and  report  their  proceedings  monthly  to 
the  Board. 

Section  VII. 

All  elections  shall  be  by  ballot,  unless  by  unanimous  consent,  Elections, 
when  the  vote  may  be  taken  viva  voce . 

No  member  of  the  Board,  or  any  officer  or  agent  by  them  em_  contracts 
ployed,  shall  be  directly  or  indirectly  concerned  in  any  contract, 
arrangement  or  engagement,  for  doing  any  work  or  furnishing  any 
materials  for  the  road  or  any  part  thereof. 

Section  VIII. — Engineer  Corps. 

1.  There  shall  be  a  Chief  Engineer,  who  shall  have  the  direc¬ 

tion  of  the  department,  be  in  communication  with  the 
Board  of  Managers,  and  be  responsible  for  the  whole  work. 

2.  Two  or  more  Division  Engineers,  to  be  appointed  by  the 

Board  in  conjunction  with  the  Chief  Engineer,  to  be  in¬ 
trusted  with  the  location  and  construction  of  such  divisions 
of  the  road  as  shall  be  assigned  them. 


8 


By- 

Imw 


3.  The  Subordinate  Engineers  and  Assistants  shall  be  appointed 

by  the  Chief  Engineer,  in  conjunction  with  the  respective 
Division  Engineers. 

4.  All  questions  touching  location,  construction  or  character  of 

the  work,  shall  be  determined  by  the  Chief  Engineer,  sub¬ 
ject  to  the  approval  of  the  Board. 

5.  'Written  reports  upon  the  progress  of  the  work,  and  upon  all 

points  of  location,  or  construction,  shall  be  made  by  the 
Division  Engineers  to  the  Engineer  in  Chief,  who  shall  re¬ 
port  to  the  Board  for  information  or  approval  as  the  case 
may  require.  Such  reports  to  be  accompanied  by  proper 
drawings,  maps  or  profiles. 

6.  The  power  of  dismissing  subordinate  members  of  the  corps 

shall  be  vested  in  the  Chief  Engineer,  or  in  the  Division 
Engineer  in  whose  division  the  dismission  may  be  required, 
in  the  Board,  and  in  the  Committee  on  the  Boad.  The 
cause  of  dismission,  in  all  cases,  to  be  forthwith  reported 
to  the  Board  of  Managers.  « 

7.  The  compensation  allowed  to  the  Engineers  and  Assistants 

shall  be  in  full  for  services  and  expenses. 

Section  IX. 

The  Order  of  Business  shall  be  as  follows  : 

1.  When  a  quorum  appears,  the  President  shall  call  the 
Board  to  order. 

2.  The  minutes  shall  be  read,  and  amended  if  necessary. 

3.  Written  communications  read  and  disposed  of. 

4.  Reports  of  Committees. 

5.  Reports  of  Engineers  and  Superintendents. 

6.  Treasurer’s  Report. 

7.  Unfinished  business. 

8.  New  business. 


Section  X. 

‘a,ws’  ,  J\ro  alteration  or  amendment  shall  be  made  in  these  By-Laws, 

altered.  _  J  ' 

unless  presented  at  a  stated  meeting,  and  considered  at  a  subse¬ 
quent  stated  meeting,  but  any  By-law  may  be  suspended  by  the 
consent  of  not  less  than  two-thirds  of  the  members  present. 


AN  ACT 


TO  INCORPORATE  THE 

SUNBURY  AND  ERIE 


AND 

PITTSBURG  AND  SUSQUEHANNA 

RAIL  ROAD  COMPANIES. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Represen¬ 
tatives  of  the  Commonwealth  of  Pennsylvania ,  in  General  Assem¬ 
bly  met ,  and  it  is  hereby  enacted  by  the  authority  of  the  same, 

That  John  Naglee,  Robert  Patterson,  Benjamin  W.  Richards» 

George  Handy,  Simon  Gratz,  William  T.  Smith,  Cheyney  Hick-  Commission, 
man,  Charles  Macalister,  William  B.  Reed,  John  White,  Robert 
A.  Parrish,  William  Buehler,  Thomas  Astley,  Gerard  Ralston, 

Jacob  Lex,  Algernon  S.  Roberts,  Samuel  F.  Reed,  Lewis  Ryan, 

J.  Washington  Tyson,  James  Campbell,  Thomas  P.  Cope,  JobR. 

Tyson,  James  F.  Macaulay,  Charles  D.  Lybrand,  William  A. 

Crabb,  Alexander  L.  Hodgson,  John  J.  Krider,  Charles  Hinckle, 

Jacob  Mintzer,  David  Jeffries,  Lewis  Shinnick,  John  Grim,  Chris¬ 
tian  Read,  E.  D.  Martin,  John  Miller,  Thomas  Earle,  Robert  Do¬ 
ran,  Peter  Baker,  John  C.  Smith,  A.  Fougeray,  Richard  Tichener, 

Jacob  Hentz,  John  Hentz,  Samuel  Heintzleman,  Edmond  B.  Mix- 
sell,  William  A.  Irvine,  Godfrey  Bender,  Samuel  Butcher,  (Mason,) 

Thomas  F.  Ashton,  Joseph  Rheiner,  John  Bender,  Philip  Miller, 
senr.,  George  W.  Riter,  Henry  Leech,  John  Miller,  (Cooper,) 


10 


William  Heckman,  Francis  J.  Harper,  Joseph  Lake,  Anthony 
Felton,  Daniel  Bender,  John  Rheiner,  Jr.,  D.  F.  Condie,  L.  Payn- 
ter,  S.  N.  Marsellis,  Isaac  Oakford,  Benjamin  Martin,  Joseph 
Dimond,  G.  W.  Chambers,  John  M.  Buc-hius,  John  Stalrnan,  Ja¬ 
cob  Haas,  William  II.  Stokes,  Windham  H.  Stokes,  William 
Anslee,  Josiah  WTood,  Henry  Shitzline,  John  Foulkrod,  Alexander 
Major,  Henry  Troth,  of  the  city  of  Philadelphia,  R.  S.  Reed,  P. 
S.  V.  Hamot,  John  A.  Tracy,  Daniel  Dobbins,  Josiah  Kellog, 
Edwin  J.  Kelso,  William  Fleming,  Isaac  G.  Williams.  John  H. 
Walker,  Joseph  S.  Colt,  Thomas  II.  Sill,  Giles  S  ndford,  William 
Kelly  of  Erie,  Joseph  B.  Anthony,  William  F.  Packer,  Dr.  W. 
R.  Power,  Henry  Hughes,  Dr.  Arthur  Davidson,  John  H.  Cow- 
den,  William  Wilson,  Tunison  Coryell,  Nicholas  Funston,  Wil¬ 
liam  A.  Petrikin,  Joshua  Bowman,  Peter  Shoemaker,  Isaac  Brun¬ 
ner,  James  Wilson,  James  Gamble,  Alexander  Hamilton,  William 
Johnson,  Junior,  Robert  Carson,  Benjamin  Hays,  of  Lycoming, 
Robert  Falconer,  Josiah  Hall,  Stephen  Littlefield,  Obed  Edson, 
Thomas  Struthers,  Archibald  Tanner,  N.  B.  Eldred,  G.  C.  Irwin, 

G.  A.  Irvine,  F.  W.  Brigham,  of  Warren  county,  Solomon  Sart- 
well,  H.  Payne,  John  King,  Jonathan  Colegrove,  Asa  Sartwell, 
Orlo  J.  Hamlin,  of  McKean,  Henry  Shippen,  David  Dick,  Stephen 
Barlow,  Andrew  Smith,  Joseph  Douglass,  J.  Stewart  Riddle,  David 
McFaddin,  of  Meadville,  Rowletten  Power,  Alexander  McCal- 
mont,  James  Kinnear,  John  Evans,  Janies  Thompson,  Joseph  M. 
Fox,  Christian  Myers,  David  Phipp,  Myran  Parks,  William  Ray¬ 
mond,  Arnold  Plumer,  Andrew  Bowman,  John  W.  Ilawe,  of  Ve¬ 
nango  county,  Thomas  D.  Grover,  Henry  Leech,  Thomas  Sparks, 
James  Ronaldson,  Walter  Thompson,  Robert  K.  Scott,  Charles 
Brower,  Rees  W.  Flower,  John  Wister,  Jr.,  Dr.  George  Thomas, 
William  B.  Fling,  of  Philadelphia,  BenjaminB.  Smith,  Robert  G. 
White,  Joseph  W.  Guernsey,  Josiah  Emery,  Samuel  Dickinson, 
Samuel  W.  Morris,  of  Tioga  county,  Abbot  Green,  Alexander 
Graham,  Samuel  Reber,  William  Hays,  James  Geddis,  John  Rank, 
Ner  Middleswarlh,  James  Merrill,  John  Lashells,  John  Baskin, 
John  Ray,  Samuel  Henderson,  C.  M.  Straub,  Samuel  Barber, 
William  Foster,  John  Cummings,  Jr.,  James  Moore,  of  Union 
county,  Henry  Reader,  David  Watson,  Montgomery  Sweney,  R. 

H.  Hammond,  Samuel  Hepburn,  Henry  Frick,  James  Hepburn, 
Joseph  R.  Priestly,  Hugh  Bellas,  C.  D.  Donnel,  A.  Jordan,  E. 
Greenough,  E.  Gobin,  John  C.  Boyd,  Daniel  Levy,  Henry  Yoxt- 


11 


heimer,  Henry  Masson,  William  Forsythe,  James  Dougal,  Frede¬ 
rick  Lazarus,  of  Northumberland  county,  Timothy  Ives,  John  H. 

Rose,  Charles  Leyrnan,  of  Potter  county,  J.  Noble  Nesbet,  Wil¬ 
liam  Ranks,  Indiana  county,  Dr.  William  Darlington,  William 
Williamson,  of  Chester  county,  George  L.  Mayer,  William  Cole¬ 
man,  of  Lancaster  county,  John  Miller  and  William  Schoener,  of 
Berks  county,  Henry  K.  Strong,  David  Krause,  Edmund  W.  Ro¬ 
berts,  William  Ayres,  of  Dauphin  county,  John  Bannon,  Burd 
Patterson  and  Jacob  Seitzinger,  of  Schuylkill  county,  Daniel  H. 

Boas,  Jacob  Sallade,  William  II.  Miller,  George  D.  B.  Keim  and 
Daniel  Hahn,  of  Berks,  William  Donaldson,  Valentine  Best, 

Michael  Fornwatt,  and  S.  F.  Headly,  of  Columbia  county,  A.  Y. 

Bright,  of  Northumberland  county,  Josiah  W.  Smith,  Richard 
Shaw,  Peter  Ritner,  Benjamin  Hartshorn,  Thomas  Hemphill, 

Robert  Ross,  Lewis  W.  Smith,  John  Irvin,  of  Clearfield  county, 

Evan  Jones,  Charles  F.  Jenkins,  Lewis  Jones,  Jonathan  Roberts, 

Daniel  H.  JVJulvany,  Thomas  Read,  William  H.  SlinglufF,  John 
Lloyd,  Samuel  Tyson,  aad  Charles  Palmer,  of  Montgomery  county, 

Charles  Evans,  of  the  city  of  Philadelphia,  John  Findley,  Benjamin 
Stokely,  Bevan  Pearson,  John  Hoge,  William  Maxwell,  Samuel 
Thompson,  WilliamiF.  Clark,  James  Bredin,  Joseph  Smith,  David 
T.  Porter,  Robert  Stewart,  Abraham  Pell,  Samuel  Holstein,  John 
Ferker,  James  McKean,  Joseph  T.  Boyd,  John  Fisher,  Robert  W. 

Stuart,  Ezekiel  Sankey,  Thomas  Wilson,  and  Daniel  Means,  of 
Mercer,  or  any  three  of  them,  be,  and  they  are  hereby  appointed 
Commissioners  to  do  and  perform  the  several  things  hereinafter 
mentioned,  that  is  to  say:  they  shall,  on  or  before  the  first  day  of 
November  next,  procure  books,  one*of  which  shall  be  opened  at^o  procure 

1  .  .  T  books. 

Northumberland,  Sunbury,  Milton,  Williamsport,  Warren,  Wells- 
borough,  Clearfield,  Meadville,  Erie,  Franklin,  Harrisburg,  Belle- 
fonte,  in  the  City  of  Philadelphia,  in  each  of  which  they  shall  enter 
as  follows  :  “  We  whose  names  are  hereunto  subscribed,  do  pro-  Form  of  Sub- 
mise  to  pay  to  the  President  and  Managers  of  the  Sunbury  and scllp,um- 
Erie  Railroad  company,  the  sum  of  one  hundred  dollars  for  every  Price  of 
share  or  stock  set  opposite  our  respective  names,  in  such  manner  each. 
and  proportions,  and  at  such  times  as  shall  be  determined  by  the 
president  and  managers  of  such  company,  in  pursuance  of  an  act 
of  the  General  Assembly  of  this  Commonwealth,  entitled  ‘An  act 
to  incorporate  the  Sunbury  and  Erie,  and  Pittsburg  and  Susque¬ 
hanna  Railroad  companies.  Witness  our  hands,  the  day 


Notice. 


Who  in;i) 
subscribe. 


TO, 000  shares 
whole  No. 


When  books 
shall  be  closed. 


Proviso. 


2d  Proviso. 


&I0  to  be  paid 
at  time  of  sub¬ 
scribing. 


Letters 

patent. 


of  ,  one  thousand  eight  hundred  and  thirty  ” 

and  shall  thereupon  give  notice,  in  at  least  one  newspaper  in  each 
of  the  above  named  places,  two  weeks  at  least,  of  the  times  and 
places  when  and  where  the  said  hooks  shall  be  kept  open  to  re¬ 
ceive  subscriptions  for  the  stock  of  said  company,  at  which  respec¬ 
tive  times  and  places,  one  or  more  of  the  commissioners  shall  attend 
and  permit  all  persons  of  lawful  age  who  shall  offer  to  subscribe  in 
the  said  books,  in  their  own  names,  or  in  the  name  or  names  of  any 
other  person  or  persons  who  shall  authorize  the  same  for  shares  in 
the  said  stock,  and  the  said  books  shall  be  kept  open  respectively 
for  the  said  purpose,  at  least  six  hours  in  every  judicial  day,  for 
the  space  of  two  days,  or  until  there  shall  have  been  subscribed 
thirty  thousand  shares;  and  if  at  the  expiration  of  two  days,  the 
books  aforesaid  shall  not  have  the  number  of  shares  aforesaid  therein 
subscribed,  the  said  commissioners  may  adjourn  from  time  to  time, 
and  transfer  the  book  or  books  elsewhere,  until  the  whole  number 
of  thirty  thousand  shares  shall  be  subscribed,  of  which  adjournment 
and  transfer,  the  commissioners  aforesaid  shall  give  such  public 
notice  as  the  occasion  may  require,  and  when  the  whole  number  of 
shares,  or  more  shall  be  subscribed,  then  the  books  shall  be  closed, 
and  the  stock  be  divided  equally,  if  more  than  the  whole  should  be 
taken,  reducing  the  largest  subscribers  first,  and  so  on,  until  the 
requisite  number  is  thereby  obtained ;  Provided ,  That  no  person  or 
persons  shall  be  permitted  to  subscribe  more  than  fifty  shares  the 
first  day,  after  which  any  person  may  subscribe  for  any  number  of 
shares,  until  the  whole  of  the  stock  is  taken  :  And  provided  also, 
That  no  subscription  shall  be  valid,  unless  the  person  so  subscribing 
shall  pay  to  the  said  commissioners,  at  the  time  of  making  the  same, 
the  sum  of  ten  dollars  on  each  and  every  share  for  the  use  of  the 
company. 

Section  2.  When  six  thousand  shares  or  more  of  the  said  stock 
shall  be  subscribed,  and  the  sum  of  ten  dollars  paid  on  each  and 
every  share  as  aforesaid,  the  commissioners,  or  a  majority  of  them, 
shall  certify  to  the  Governor,  under  oath  or  affirmation,  the  names 
of  the  subscribers,  and  the  number  of  shares  subscribed  by  each, 
and  the  sum  of  ten  dollars  on  each  share  paid  at  the  time  of  sub- 
cribing;  whereupon  the  Governor  shall,  by  letters  patent,  under 
his  hand  and  the  seal  of  the  Commonwealth,  create  and  erect  the 
subscribers,  and  if  the  subscription  be  not  full  at  the  time,  then 
those  also  who  shall  thereafter  subscribe  to  the  whole  number  of’ 


shares  aforesaid,  into  a  body  corporate  and  politic,  in  deed  and  in 
law,  by  the  name,  style  and  title  of  u  The  Sunbury  and  Erie  Rail¬ 
road  Company,”  and  by  the  same  name  shall  have  perpetual  suc-s*Jle  &  title., 
cession,  with  all  the  privileges,  franchises  and  immunities  incident 
to  a  corporation,  and  be  able  to  sue  and  be  sued,  implead  and  be  & 

impleaded,  in  all  courts  of  record  and  elsewhere,  and  to  purchase, 
receive,  have,  hold  and  enjoy,  to  them  and  their  successors,  lands, 
tenements  and  hereditaments,  goods,  chattels,  and  all  estates,  real, 
personal  or  mixed,  of  what  kind  or  quality  soever,  and  the  same 
from  time  to  time  may  sell,  exchange,  mortgage,  grant,  alien  or 
otherwise  dispose  of,  and  to  make  dividends  of  such  portions  of  the 
profits  as  they  may  deem  proper,  and  also,  to  make  and  have  a  com¬ 
mon  seal,  and  the  same  alter  or  renew  at  pleasure,  and  also,  to  or-Seal* 
dain,  establish  and  put  in  execution  such  by-laws,  ordinances  and 
regulations,  as  shall  appear  necessary  and  convenient  for  the  go¬ 
vernment  of  said  corporation,  not  being  contrary  to  the  Constitu¬ 
tion  and  Laws  of  the  United  States  or  of  this  Commonwealth,  and 
generally  to  do  all  and  singular,  the  matters  and  things  which  to 
them  it  shall  lawfully  appertain  to  do  for  the  well  being  of  the  said 
corporation,  and  the  due  management  and  ordering  of  the  affairs  of 
the  same  ;  Provided ,  That  nothing  herein  contained  shall  be  so  Proviso, 
construed  as  giving  to  the  said  corporation  any  banking,  manufac¬ 
turing  or  trading  privileges,  or  any  other  liberties,  privileges  or 
franchises,  but  such  as  may  be  necessary  or  incident  to  the  making 
and  maintaining  the  said  railroad,  convenient  construction  of  de¬ 
pots,  such  cars,  locomotives,  fixtures  and  devices,  as  may  be  neces¬ 
sary  for  the  conveyance  of  passengers,  and  the  transportation  of  the 
mail,  and  of  goods,  merchandise  and  commodities  thereon. 

Section  3.  The  said  named  persons,  or  any  ten  of  them,  shall,  0rsanizat,on 
as  soon  as  conveniently  may  be  after  the  said  letters  patent  shall 
be  obtained,  give  at  least  twenty  days  previous  notice,  in  the  news¬ 
papers  herein  before  mentioned,  of  the  time  and  place  by  them 
appointed  for  the  subscribers  to  meet  in  order  to  organize  the  said 
company,  to  choose  b}T  a  majority  of  votes  of  the  said  subscribers, 
by  ballot,  to  be  given  in  person  or  by  proxy,  which  proxy  shall 
have  been  obtained  and  bear  date  within  three  months  previously 
to  the  election  at  which  such  proxy  shall  be  presented,  duly  au¬ 
thorized,  one  president  and  twelve  managers,  all  of  whom  shall  be 
residents  of  this  commonwealth;  that  the  president  and  managers 
aforesaid  shall  conduct  the  business  of  said  company  until  the 
second  Monday  of  January  then  next,  and  until  like  officers  shall 


14 


be  chosen,  and  may  make  such  by-laws,  rules,  orders  and  regula¬ 
tions,  as  are  not  inconsistent  with  the  Constitution  and  Laws  of 
the  United  States  or  of  this  State,  and  that  may  be  necessary  for 
Proviso.  the  well  governing  the  affairs  of  the  said  company:  Provided, 

That  no  person  but  a  stockholder  shall  be  eligible  to  the  office  of 
president  or  manager. 

Annual  election.  Section  4.  [The  stockholders  shall  meet  on  the  second  Mon- 

Altered,  see  Act  ^ 

of  ^rth  March, day  of  January  in  every  year,  at  such  places  as  may  be  fixed  upon 
by  the  By-laws,  of  which  notice  shall  be  given  at  least  twenty 
days  previous,  by  the  secretary,  in  the  newspapers  before  men¬ 
tioned,]  and  choose,  by  a  majority  of  the  votes  present,  officers  for 
the  ensuing  year,  as  mentioned  in  the  third  section  of  this  act, 
who  shall  continue  in  office  for  one  year,  and  until  others  are 
chosen,  and  at  such  other  time  as  they  may  be  summoned  by  the 
managers,  in  such  manner  and  form  as  shall  be  prescribed  by  t lie 
By-laws,  at  which  annual  or  special  meeting  they  shall  have  full 
power  and  authority  to  make,  alter  or  repeal,  by  a  majority  of  the 
votes,  in  the  manner  aforesaid,  all  such  By-laws,  Buies,  Orders 
and  Begulations,  as  aforesaid,  and  to  do  and  perform  every  other 
corporate  act ;  and  the  number  of  votes  to  which  each  stockholder 
shall  be  entitled,  shall  be  according  to  the  number  of  shares  he 
Rf.tio  of  votes,  or  she  shall  hold,  [in  the  proportion  following:  for  every  share 
of  27th  March, not  exceeding  two  shares  one  vote;  for  every  two  shares,  above 
two  and  not  exceeding  ten  shares,  one  vote ;  and  for  every  five 
shares  above  ten  one  vote ;  but  no  share  shall  confer  a  right  of 
suffrage,  which  shall  not  have  been  holden  three  calendar  months 


Proviso. 

Altered,  by  Act 
of  27th  March, 
KJ52. 


Proxy. 


Manner  of  con¬ 
ducting  the  elec¬ 
tion. 


prior  to  the  day  of  election,]  nor  unless  it  shall  be  holden  by  the 
person  in  whose  name  it  appears,  absolutely  and  bona  fide  in  his 
own  right,  or  in  that  of  his  wife,  or  for  his  or  her  sole  use  and 
benefit,  or  as  executor  or  administrator,  trustee  or  guardian,  or  in 
the  right  and  for  the  use  and  benefit  of  some  co-partnership,  cor¬ 
poration  or  society,  of  which  he  or  she  may  be  a  member,  and  not 
in  trust  for,  or  to  the  use  and  benefit  of  any  other  person  :  [ Pro¬ 
vided ,  That  no  share  held  by  transfer  shall  be  entitled  to  vote, 
unless  the  same  shall  have  been  transferred  at  least  three  months 
before  the  election,]  and  all  votes  by  proxies  shall  be  on  such 
terms  and  conditions  as  prescribed  by  the  act  passed  on  the  twenty- 
eighth  day  of  March,  one  thousand  eight  hundred  and  twenty, 
entitled  “  An  Act  to  regulate  proxies.’’ 

Section  5.  The  election  of  officers  provided  for  in  the  third 
section  of  this  act,  shall  be  conducted  in  the  following  manner, 


15 


that  is  to  say  :  the  managers  for  the  time  being  shall  appoint  two 
of  the  stockholders,  not  being  managers,  to  be  judges  of  the  said 
election,  and  to  conduct  the  same,  after  having  severally  taken 
and  subscribed  an  oath  or  affirmation,  before  an  alderman  or  jus¬ 
tice  of  the  peace,  well  and  truly,  and  according  to  law  to  conduct 
such  election,  to  the  best  of  their  knowledge  and  abilities ;  and 
the  said  judges  shall  decide  upon  the  qualifications  of  voters,  and 
when  the  election  is  closed  shall  count  the  votes,  and  declare  who 
has  been  elected;  and  if  it  shall  at  any  time  happen,  that  an  Neglect  r.ot  to 

di  8  sol  vc  • 

election  of  president  and  managers  shall  not  be  made,  the  cor¬ 
poration  shall  not  for  that  cause  be  dissolved,  but  it  shall  be  law¬ 
ful  to  hold  and  make  such  election  of  president  and  managers  on 
any  day  thereafter,  by  giving  at  least  ten  days  notice,  signed  by 
the  president  or  secretary,  in  the  newspapers  before  mentioned,  of 
the  time  and  place  of  holding  the  said  election,  and  the  president 
and  managers  of  the  preceding  year  shall  in  that  case  continue  to 
act,  and  be  invested  with  all  the  powers  belonging  to  their  res¬ 
pective  situations,  until  an  election  shall  take  place ;  in  the  case  vacancies  how 
of  the  death,  resignation,  or  removal  from  the  State,  of  the  pre¬ 
sident  or  any  manager,  his  place  may  be  filled  by  the  Board  of 
Managers,  until  the  next  annual  election. 

Section  6.  The  said  president  and  managers  shall  meet  at  such  Meetings  of  the 
times  and  places  as  shall  be  found  most  convenient  for  the  trans-  nagers"1  &  u*a 
acting  of  their  business,  and  when  met  five  shall  be  a  quorum,  QUOrum 
who,  in  the  absence  of  the  president,  may  choose  a  chairman,  and 
shall  keep  the  minutes  of  their  transactions  fairly  entered  into  a  Minutes, 
book,  and  a  quorum  being  formed,  they  shall  be  empowered  and 
have  authority  to  appoint  a  treasurer,  secretary,  and  all  such  sur-  Power  to  appoint 
veyors,  engineers,  superintendent  and  other' artists  and  officers  as  other 

they  shall  deem  necessary  to  carry  on  the  intended  work,  and  to  ofilcers* 
fix  their  salaries  and  wages,  to  ascertain  the  times,  manner  and 
proportions  in  which  the  said  stockholders  shall  pay  the  moneys 
due  on  their  respective  shares,  to  regulate  the  drawing  of  orders  Orders  on  the 
on  the  treasurer  for  moneys,  which  shall  be  signed  by  the  presi¬ 
dent,  or  in  his  absence,  by  a  majority  of  the  managers  present,  and 
countersigned  by  the  secretary,  and  generally  to  do  all  such  other 
acts,  matters  and  things,  as  by  this  Act,  and  by  the  by-laws  and 
regulations  of  the  company,  they  are  hereby  authorized  to  do.  fAnd  Transferred  t* 
the  assignee  holding  any  such  certificate,  shall  be  a  member  of  the  ^[h’Mar  if  imf 
said  corporation,  and  for  every  share  assigned,  shall  be  entitled  to 
one  share  of  the  capital  stock,  of  all  the  estates  and  emoluments 


16 


Certificates 

stock. 


Of  transfer. 


Penalty  for 
gleet  to  pay 
stalments. 


Forfeiture. 


Or  suit . 


Proviso. 


of  the  company,  incident  to  such  share  or  shares,  and  to  vote  as 
aforesaid,  at  the  meetings  thereof,  and  subject  to  all  penalties  and 
forfeitures,  and  of  being  sued  for  the  balance  due,  or  to  become 
due  on  each  share,  as  the  original  subscriber  would  have  been.] 

Section  7.  The  said  president  and  managers  first  chosen,  shall 
f  procure  certificates  or  evidences  of  stock,  and  shall  deliver  one  or 
more  certificates,  signed  by  the  president,  and  countersigned  by 
the  treasurer,  and  sealed  with  the  common  seal  of  the  said  cor¬ 
poration,  to  each  person,  for  the  number  of  shares  by  him  or  her 
subscribed  or  held,  which  certificate  or  evidence  of  stock,  shall  be 
assignable  and  transferable  on  the  books  of  the  corporation  only 
in  such  manner  as  the  by-laws  shall  ordain,  and  no  stockholder 
shall  be  entitled,  without  the  consent  of  the  president  and  ma¬ 
nagers,  to  transfer  any  stock  until  all  the  instalments  which  have 
been  called  for  shall  be  fully  paid  thereon. 

Section  8.  If  after  thirty  days  notice  in  the  public  papers 
ne.  aforesaid,  of  the  time  and  place  appointed  for  the  payment  of  any 
Jn'  proportion  or  instalment  of  the  said  capital  stock,  any  stockholder 
shall  neglect  to  pay  such  proportion  or  instalment  at  the  place  ap¬ 
pointed,  for  the  space  of  thirty  days  after  the  time  so  appointed, 
every  such  stockholder  or  his  assignees,  shall,  in  addition  to  the 
instalment  so  called  for,  pay  at  the  rate  of  two  per  centum  per 
month  for  delay  of  such  payment,  and  the  said  president  and  ma¬ 
nagers  may  declare  any  stock  forfeited  to  the  use  of  the  company, 
upon  which  any  instalment  shall  remain  unpaid  for  the  space  of 
six  months  after  the  time  appointed  for  the  payment  thereof,  and 
such  forfeited  stock  may  be  sold  and  transferred  by  the  said  pre¬ 
sident  and  managers,  for  the  benefit  of  the  company,  to  any  person 
or  persons  who  will  purchase  the  same,  or  in  default  of  payment 
by  any  stockholder,  of  any  such  instalment  as  aforesaid,  the  pre¬ 
sident  and  managers  may  at  their  election,  cause  suit  to  be  brought 
before  an  alderman  or  justice  of  the  peace,  or  in  any  court  having 
competent  jurisdiction,  for  the  recovery  of  the  same,  together  with 
the  penalty  aforesaid :  Provided ,  That  no  stockholder,  whether 
original  subscriber  or  assignee,  shall  be  entitled  to  vote  at  any 
election,  or  general  or  special  meeting  of  the  said  company,  on 
whose  share  or  shares  any  instalment  or  arrearages  may  be  due 
and  payable  more  than  thirty  days  previously  to  the  election  and 
meeting. 

Section  9.  The  president  and  managers  of  the  said  company 
shall  demand  and  require  of  and  from  the  treasurer,  and  may  de- 


17 


mancl  and  require  of  and  from  all  and  every  other,  the  officers  and 
other  persons  by  them  employed,  bonds  in  sufficient  penalties,  and  ®u°”d8a^ 
with  such  securities  as  the  said  company  shall  by  their  rules,  orders  officers, 
and  regulations,  require,  for  a  faithful  discharge  of  the  several 
duties  and  trusts  to  them  respectively  committed. 

Section  10.  Dividends  of  so  much  of  the  profits  of  the  insti- Dividends- 
tution  as  shall  appear  advisable  to  the  managers,  shall  be  declared 
at  least  twice  a  year  in  every  year,  and  paid  to  the  stockholders 
on  demand,  at  any  time  after  the  expiration  of  ten  days  there¬ 
from,  but  they  shall  in  no  case  exceed  the  amount  of  nett  profits 
actually  acquired  by  the  company,  so  that  the  capital  stock  shall 
never  be  thereby  impaired ;  if  the  said  managers  shall  make  any 
dividend  which  shall  impair  the  capital  stock  of  said  institution, 
the  managers  consenting  thereto  shall  be  liable  in  their  individual 
capacities  to  said  company,  for  the  amount  of  the  stock  so  divided, 
and  each  manager  present  when  such  dividend  shall  be  declared, 
shall  be  adjudged  to  be  consenting  thereto,  unless  lie  forthwith 
enter  his  protest  on  the  minutes  of  the  Board,  and  give  public 
notice  thereof  to  the  stockholders  at  the  declaring  such  dividend. 

Section  11.  The  president  and  managers  of  the  said  railroad 
company  shall  have  power  to  survey,  lay  down,  ascertain,  mark 
and  fix  such  route  or  routes  as  they  shall  deem  expedient  for  a  Location  of  road, 
railroad,  with  as  many  sets  of  tracks  as  they  may  deem  necessary, 
from  Sunbury,  by  the  way  of  Northumberland  and  Williamsport, 
by  the  most  eligible  route  to  the  harbour  of  Erie,  having  due  Termination, 
regard  to  the  situation  or  nature  of  the  ground,  and  of  the  build¬ 
ings  thereon,  the  public  convenience  and  the  interest  of  the 
stockholders,  and  so  as  to  do  the  least  damage  to  private  property, 
and  the  said  railroad  shall  not  pass  through  any  burying  ground 
or  place  of  public  worship,  [nor  any  dwelling  house,  without  the  Repealed, see  Act 

c  ,  ^  n  of  27tl»  March, 

consent  ot  the  owners  thereof,  nor  shall  it  pass  through  any  out- 1352. 
building  of  the  value  of  three  hundred  dollars,  without  such 
consent;  and  the  said  president  and  managers  shall,  within  six 
months  after  ascertaining  the  route  of  the  said  railroad,  cause  an 
accurate  survey  of  the  lines  of  said  railroad  to  be  made,  a  map  or 
plot  of  which  survey  they  shall  cause  to  be  filed  in  the  Secre¬ 
tary’s  office  of  this  State,  which  map  or  plot,  or  a  certified  copy 
thereof,  shall  be  sufficient  evidence  of  the  course  of  said  road, 
which  may  then  be  opened,  and  all  the  expenses  incurred  there¬ 
by  shall  be  defrayed  by  said  company  ;]  the  president  and  ma¬ 
nagers  of  the  said  company  shall  have  power  to  survey,  lay  down,  mT/be  fKf* 

9 


18 


ascertain,  mark  and  fix  such  route  or  routes  as  they  shall  deem 
expedient  for  a  railroad,  with  as  many  sets  of  tracks  as  they  may 
deem  necessary,  from  a  point  in  said  road  from  S unbury  to  Erie, 
by  way  of  Warren,  Franklin,  Mercer  and  New  Castle,  to  Beaver, 
or  to  connect  with  the  Beaver  and  Conneaut  railroad,  at  some 
point  in  Mercer  county. 

Right  of  entry  Section  12.  That  it  shall  be  lawful  for  the  said  company  and 

upon  lands.  #  r  . 

their  agents,  to  enter  upon  any  lands  for  the  purpose  of  exploring, 
surveying  and  locating  the  route  of  the  said  railroad,  doing  thereto 
no  unnecessary  damage;  and  when  any  part  of  the  said  route  shall 
be  determined  by  the  said  company,  it  shall  be  lawful  for  the  said 
company,  their  agents  or  contractors,  to  enter  upon,  take  posses¬ 
sion  of,  and  use  such  land ;  and  also  to  take  from  any  land  in  the 
neighborhood,  gravel,  stone,  wood,  or  other  materials,  for  the  pur¬ 
pose  of  constructing  and  maintaining  such  railroad,  subject  how¬ 
ever  to  such  compensation  as  said  company  may  have  agreed  to 
pay  therefor,  or  shall  be  ascertained,  in  manner  hereinafter  di¬ 
rected. 

taining damages.  Section  13.  [That  when  the  said  company  cannot  agree  with 

the  owner  or  owners  of  such  required  land,  for  the  purchase 
thereof,  or  for  the  damages  sustained  by  such  owner  or  owners,  or 

4ofrAct*of  IS  as  comPensa^on  be  Pa^  toe  owner  or  owners  of  any 

March,  1852.  materials  taken  as  aforesaid,  or  where,  by  reason  of  legal  incapa¬ 
city,  or  absence  of  any  such  owner  or  owners,  no  such  agreement 
or  purchase  can  be  made,  the  court  of  Common  Pleas  of  the  proper 
county,  on  application  thereto  by  or  on  behalf  of  either  party,  and 
at  the  costs  and  charges  of  the  said  company,  shall  nominate  and 
appoint  twelve  disinterested  persons  of  the  said  county,  and  shall 
issue  a  precept  to  the  Sheriff  of  the  said  county,  to  summon  the 
said  twelve  persons  to  meet  on  the  land  so  required  or  taken,  or 
from  whence  the  said  materials  shall  or  may  be  taken,  at  a  day  to 
be  expressed  in  the  warrant,  not  less  than  ten  nor  more  than 
twenty  days  after  the  date  of  the  precept,  and  the  Sheriff,  upon 
receiving  the  said  warrant,  shall  forthwith  summon  the  said  per¬ 
sons  and  give  at  least  eight  days  notioe  to  the  parties,  and  the 
said  Sheriff  shall  attend  at  the  time  and  place  of  meeting,  and 
administer  to  each  of  the  said  jurors  who  shall  attend  on  the  case 
of  land  so  required,  an  oath  or  affirmation,  that  he  will  faithfully 
and  impartially  value  the  land  occupied  or  required  for  said  rail¬ 
road,  or  other  works,  and  all  damages  which  the  owner  or  owners 


19 


shall  sustain,  or  may  have  sustained  by  reason  of  the  construction 
of  the  said  railroad,  or  other  works,  taking  into  consideration  the 
advantages,  as  well  as  the  disadvantages  of  the  same  to  the  said 
owners,  according  to  the  best  of  his  skill  and  judgment,  and  the 
same  in  the  case  of  materials  taken,  and  the  said  persons,  or  any 
nine  of  them,  shall  thereupon  proceed  to  view  the  premises,  and 
hear  the  evidence;  and  their  award,  signed  by  the  Sheriff  and  a 
majority  of  the  jurors  actually  viewing  the  premises,  shall  be 
returned  by  the  said  Sheriff  within  five  days  thereafter,  to  the 
prothonotary,  to  be  filed  of  record,  and  the  said  Sheriff  and  jurors 
shall  be  allowed  the  like  compensation  as  are  allowed  on  the  ex¬ 
ecution  of  an  order  to  value  real  estate,  in  the  Orphan’s  court, 
under  the  intestate  laws  of  the  State,  and  either  party  may,  within 
twenty  days,  file  exceptions  to  the  said  award,  which  exceptions 
shall  be  heard  and  decided  by  the  court  of  Common  Pleas,  who 
may  either  affirm  or  set  aside  the  same,  and  if  no  exceptions  be 
filed,  or  the  verdict  be  affirmed  after  exceptions,  it  shall  have  the 
effect  of  a  judgment  against  the  party,  and  if  it  be  set  aside,  anew 
precept  shall  issue,  as  herein  before  provided  for  :  Provided, 

That  in  the  subsequent  proceedings,  if  the  party  excepting  does 
not  recover  a  verdict  more  favorable  than  the  verdict  so  excepted 
to  and  set  aside,  such  party  shall  pay  all  the  costs  of  said  proceed¬ 
ings.] 

Section  14.  The  said  railroad  shall  be  so  constructed  as  not  to  The  said  railroad 

•  i  .  ,  ,i  /»  i  />  ii*  i  shall  be  so  con 

impede  or  obstruct  the  tree  use  and  passage  ot  any  public  road  or  structed  as  not 
loads  which  may  cross  or  enter  the  same  ;  in  all  cases  where  the  iiC  roads, 
said  railroad  may  cross,  or  in  any  manner  interfere  with  any  ex¬ 
isting  public  road,  canal,  or  slack  water  navigation,  the  said  com¬ 
pany  shall  make,  or  cause  to  be  made,  as  soon  as  conveniently 
may  be,  a  good  and  sufficient  causeway  or  causeways,  bridge  or  Public  cause. 
bridges,  to  enable  all  persons  passing  or  travelling  such  public  waj' bridge^”86’ 
road,  canals,  or  slack  water  navigation,  to  cross  and  pass  said  rail¬ 
road,  which  bridge,  or  causeway  or  causeways,  shall  be  made  and 
maintained  by  said  company,  and  the  sufficiency  of  the  same  shall 
be  judged  by  the  supervisor  or  supervisors  of  the  proper  township;  Penalty  for  ne?- 
and  if  the  company  shall  neglect  or  refuse  to  keep  such  causeway  ways!5  cauge‘ 
or  causeways  in  good  repair,  they  shall  be  liable  to  a  penalty  of 
ten  dollars,  for  every  day  the  same  shall  be  so  neglected  or  refused 
to  be  repaired,  to  be  recovered  by  the  supervisors  of  the  township, 
with  costs,  for  the  use  of  the  township,  as  debts  of  the  like  amount 


20 


Private  cause¬ 
ways. 


lecting  cause¬ 
ways. 


Proviso: 


are  by  law  recoverable  and  shall  moreover  be  liable  to  all  actions^ 
at  the  suit  of  any  person  who  may  be  aggrieved  thereby. 

Section  15.  For  the  accommodation  of  all  persons  owning  or 
possessing  land  through  which  the  said  railroad  may  pass,  it  shall 
be  the  duty  of  the  said  company  to  make,  or  cause  to  be  made,  a 
good  and  sufficient  causeway  or  causeways,  whenever  the  same  may 
be  necessary,  to  enable  the  occupant  or  occupants  of  said  lands  to 
cross  or  pass  over  the  same  with  wagons,  carts,  and  implements  of 
husbandry,  as  occasion  may  require,  and  the  said  causeway  or 
causeways,  when  so  made,  shall  be  maintained  and  kept  in  good 
Penalty  for  neg-  repair  by  said  company;  and  if  the  said  company  shall  neglect,  or 
refuse,  on  request,  to  make  such  causeway  or  causeways,  or  when 
made  to  keep  the  same  in  good  order,  the  said  company  shall  be 
liable  to  pay  any  person  aggrieved  thereby,  all  damages  sustained 
by  such  person  in  consequence  of  such  neglect  or  refusal,  to  be  sued 
for  and  recovered,  before  any  magistrate  or  court  having  cogni¬ 
zance  thereof :  Provided ,  That  the  said  company  shall  in  no  case 
be  required  to  make,  or  cause  to  be  made,  more  than  one  cause¬ 
way  through  each  plantation  or  lot  of  land,  for  the  accommodation 
of  any  one  person  owning  or  possessing  land  through  which  the 
said  railroad  may  pass  ;  and  in  the  event  of  any  private  bridge  or 
causeway  being  converted  to  public  use,  so  as  to  be  made  to  ac¬ 
commodate  a  public  road,  laid  out  subsequent  to  the  passage  of 
this  act,  then  and  in  such  case,  the  company  shall  be  forever  there¬ 
after  exonerated  from  the  duty  of  keeping  the  said  bridge  or  cause¬ 
way  in  repair :  Provided  further ,  That  this  act  shall  not  be  so 
construed  as  to  prevent  the  owners  of  land  through  whose  pro¬ 
perty  the  said  railroad  passes,  from  constructing  a  bridge,  cause¬ 
way,  or  crossing  place,  over  or  under  the  said  railroad,  in  con¬ 
formity  with  such  as  are  usually  made  by  said  company. 

Section  16.  The  company  shall  not  prevent  any  person  or  per¬ 
sons,  being  the  owner  or  owners  of  land  bordering  on  the  said 
adjacent  to  road,  ra ilroad  or  adiacent  thereto,  from  making  such  lateral  railroads, 

vnav  make  lateral  4  v  v/  " 

roads  to  connect  to  connect  them  with  the  said  railroad,  from  their  said  lands, 

With  it.  . 

as  the  said  person  or  persons  may  conceive  necessary  tor  the  pur¬ 
pose  of  transporting  merchandize,  stone,  timber,  produce  or  coal, 
upon  the  said  railroad. 

Section  17.  No  suit  or  action  shall  be  brought  or  prosecuted 
by  any  person  or  persons,  for  any  penalties  incurred  under  this 


2d  Proviso. 


Owners  of  land 


21 


act,  unless  such  suit  or  action  shall  be  commenced  within  one  year  Suits,  when  to 

be  commenced* 

next  after  the  offence  shall  have  been  committed,  or  the  cause  of 
action  shall  have  accrued,  and  the  defendant  or  defendants  in  such 
suit  or  action  may  plead  the  general  issue,  and  give  this  act  and 
the  special  matter  in  evidence,  and  that  the  same  was  done  in  pur¬ 
suance  and  by  authority  of  this  act. 

Section  18.  That  in  all  suits  or  actions  brought  against  the 
said  company,  the  service  or  process  on  any  manager,  toll-gatherer,  service  of  pro- 
or  other  officer  of  the  company,  shall  be  as  good  and  as  available  ^Sec  c.ofAci 
in  law  as  if  made  on  the  president  thereof.  is5oIarch  27th’ 

Section  19.  If  any  person  or  persons  shall  wilfully  and  know¬ 
ingly  break,  injure,  or  destroy  the  railroad  hereby  authorized,  or 
any  part  thereof,  or  any  work,  edifice  or  device,  or  an}*-  part  thereof, 
to  be  erected  by  the  said  company  in  pursuance  of  this  act,  he,  Penalty  for  inju- 

.  .  .  ,  .  ,  .  ring  the  railroad. 

she,  or  they,  shall  forfeit  and  pay  to  the  said  company,  three  times 
the  actual  damages  so  sustained,  to  be  sued  for  and  recovered,  with 
full  costs,  before  any  tribunal  having  cognizance  thereof,  by  action, 
in  the  name  and  for  the  use  of  the  said  company,  and  shall  be  sub¬ 
ject  to  indictment  in  any  court  of  Quarter  Sessions  of  the  proper 
county,  and  upon  conviction  of  such  offence,  shall  be  punished  by 
fine  and  imprisonment,  at  the  discretion  of  the  court. 

Section  20.  If  any  person  or  persons  shall  wilfully  or  mali¬ 
ciously  remove  or  destroy  any  of  the  company’s  constructions,  or 
designedly,  and  with  evil  intent,  place  or  put  any  obstruction  on  Penalty  for  des* 
the  line  of  the  railroad,  so  as  to  jeopard  the  safety,  and  endanger  pany’s5 construe, 
the  lives  of  persons  travelling  on  the  same,  such  person  or  persons  structinn  the 
so  offending,  shall  be  deemed  guilty  of  a  misdemeanor,  and  shall ruad' 
be  adjudged  on  conviction  to  be  punished  by  fine  and  imprison¬ 
ment,  at  the  discretion  of  the  court :  Provided ,  That  nothing  Proviso, 
herein  contained  shall  prevent  the  company  from  pursuing  any 
other  appropriate  remedy  at  law  in  such  cases. 

Section  21.  [On  the  completion  of  any  part  of  the  said  road, 
or  any  portion  of  one  track,  not  less  than  ten  miles,  it  shall  and  Repealed,  see 
may  be  lawful  for  the  president  and  managers,  from  time  to  time,  fs^V.0*  March  ll5’ 
to  ordain  and  establish  rules  and  regulations  for  the  due  ordering 
of  all  travelling  and  transportation  on  said  road,  and  such  portions 
thereof  as  are  completed,  being  not  less  than  ten  miles,  and  for 
its  preservation,  with  power  to  alter,  repeal,  enlarge  or  amend  the 
said  rules  and  regulations,  as  they  deem  expedient,  and  that  they 


Proviso. 

Tolls. 


Penalty  for  de' 
frauding  the 
company  of  toll 


Statement  of 
accounts  to  be 
made  at  the 
annual  meetings 

Special  meetings 


The  capital 
stock  may  be 
increased  to 
$6,000,000, 


shall  have  full  power  and  authority  to  prescribe  the  kinds  and 
descriptions  of  cars,  carriages  or  wagons,  to  he  used  on  the  said 
road,  for  the  conveyance  of  passengers,  and  the  transportation  of 
the  mails,  or  of  goods,  wares,  merchandize  and  minerals,  and  to 
regulate  the  speed  at  which  they  shall  travel,  and  to  adopt  and 
enforce  such  rules  and  regulations  in  relation  to  the  transit  thereof, 
as  they  may  deem  expedient :]  Provided,  That  the  toll  on  any 
species  of  property  shall  not  exceed  an  average  of  four  cents  per 
ton  per  mile,  nor  upon  each  passenger  an  average  of  two  cents  per 
mile,  and  the  legislature  reserves  the  right  to  reduce  and  regulate 
the  toll  hereby  authorized. 

Section  22.  If  any  owner  or  driver  of  any  car,  carriage,  or 
other  conveyance,  upon  the  said  railroad,  shall  pass  by  any  place 
appointed  for  receiving  tolls,  without  making  payment  thereof, 
with  intent  to  defraud  the  said  company,  he,  she,  or  they  so  offend¬ 
ing,  shall  forfeit  and  pay  for  every  such  offence,  for  the  use  of  said 
company,  the  sum  of  twenty  dollars,  to  be  sued  for  and  recovered 
by  action  of  debt,  before  any  justice  of  the  peace,  in  like  manner, 
and  subject  to  the  same  rules  and  regulations  as  debts  under  one 
hundred  dollars  may  be  sued  for  and  recovered,  together  with  the 
cost  of  suit. 

Section  23.  At  each  annual  meeting  of  the  stockholders  the 
president  and  managers  of  the  preceding  year  shall  exhibit  to 
,  them  a  complete  statement  of  the  affairs  and  proceedings  of  the 
company  for  such  year ;  and  special  meetings  of  the  stock- 

» 

holders  may  be  called  by  order  of  the  president  and  managers,  or 
by  the  president,  at  the  request  of  the  stockholders  holding  one- 
fourth  of  the  amount  of  the  capital  stock,  in  like  notice  as  that 
required  for  annual  meetings,  specifying  moreover,  the  object  of 
the  meeting :  but  no  business  shall  be  transacted  at  such  meetings 
except  that  for  'which  it  shall  have  been  called,  nor  unless  a 
majority  in  value  of  the  stockholders  shall  attend,  in  person  or  by 
proxy. 

Section  24.  If  any  increase  of  the  capital  stock  shall  be 
deemed  necessary  to  improve  or  complete  the  said  railroad,  or  any 
of  its  branches,  it  may  be  lawful  for  the  said  president,  managers 
and  company,  at  a  stated  or  special  meeting,  convened  for  the 
purpose,  to  increase  the  number  of  shares,  so  that  the  capital  of 
the  said  company  shall  not  exceed  six  millions  of  dollars,  and  to 
receive  and  demand  the  moneys  for  shares  so  subscribed,  in  like 
manner,  and  under  like  penalties  as  are  herein  before  provided  for 


23 


the  original  subscription,  or  as  shall  be  provided  for  by  their  by. 
laws. 

Section  25.  At  the  end  of  the  third  year  after  the  charter 
shall  be  obtained,  and  at  the  end  of  every  year  thereafter,  there 
shall  be  furnished  to  the  legislature  an  abstract  of  the  accounts  of  Abstract  of  ac- 

°  counts  to  be 

the  company,  showing  the  amount  of  capital  paid  in,  and  the  debts 
of  the  said  company,  the  amounts  received  for  tolls  and  transpor¬ 
tation,  the  rates  charged,  and  the  amount  of  dividends  declared, 
which  abstract  shall  be  verified  by  the  oath  or  affirmation  of  the  Proviso- 
president  or  treasurer  of  said  company  :  Provided ,  That  the  com¬ 
pany  shall  pay  into  the  treasury  of  the  commonwealth,  a  tax  of 
eight  per  centum  per  annum,  on  all  dividends  over  eight  per  cent, 
on  the  capital  stock  paid  in. 

Section  26.  Inasmuch  as  it  is  of  essential  importance  to  en¬ 
sure  a  full  subscription  to  this  railroad,  with  which  so  many 
already  chartered  will  be  connected,  the  president  and  managers  Donations  and 

•'  7  1  °  subscriptions  of 

are  hereby  authorized  to  receive  and  hold,  for  the  benefit  of  thelands- 
subscribers,  such  donations  and  subscriptions  of  lands  along  and 
immediately  adjoining  the  said  railroad  and  its  branches,  as  may 
tend  to  ensure  its  speedy  commencement  and  completion. 

Section  27.  If  the  said  company  shall  at  any  time  misuse  or  Legislature 

\  ^  .  may  resume 

abuse  any  of  the  privileges  herein  granted,  the  legislature  may  privileges, 
resume,  all  and  singular,  the  rights  and  privileges  hereby  granted 
to  the  said  corporation. 

Section  28.  The  Legislature  hereby  reserve  the  right  to  pur- The  legislature 

“  J  .  may  purchase 

chase  the  railroad  by  this  act  authorized  to  be  constructed,  with  the  railroad. 

its  appurtenances,  at  any  time  after  the  expiration  of  fifty  years 

from  the  passage  of  this  act,  by  paying  to  the  said  company  a  sum  Ahered^sec^act 

of  money  which,  with  the  tolls  received,  shall  equal  the  cost  and  1852. 

expenses  of  making  and  maintaining  the  said  railroad,  with  an 

interest  of  six  per  cent,  per  annum  thereon. 

Section  29.  That  Benjamin  Darlington,  William  Bell,  James 
Thompson,  N.  B.  Craig,  James  S.  Craft,  John  Lyon,  Peter  Sho- ofSe^Filtlburg 
enberger,  George  Miltenberger,  W.  W.  Irvin,  W.  W.  Fetter  man,  hanna"Raiiroad 
George  A.  Bayard,  James  Boss,  jr.,  Francis  Karns,  William  company. 
Little,  Hugh  Davis,  Henry  Brackenridge,  John  Tassey,  George 
Breed,  Benjamin  Weaver,  Benjamin  Fahnestock,  James  Speer, 

Pollard  McCormick,  Bobert  Greer,  James  B.  Butler,  Samuel 
Stackhouse,  James  Wood,  James  P.  Stewart,  M.  B.  Miltenberger, 

Samuel  Fahnestock,  Thomas  Williams,  J.  B.  McClintock,  of  the 
county  of  Alleghany,  B.  B.  McCabe,  J.  Noble  Nisbet,  Stewart 


24 


Privil  ges  and 
1  abilities. 


Steele,  Thomas  Boyle,  Samuel  Morehead,  Joseph  Laughry  of  W., 
Samuel  Templeton,  John  White,  William  Banks,  Thomas  White, 
James  M.  Stewart,  Peter  Diltz,  Alen  N.  Work,  Henry  Kintner. 
James  Mc'Comb,  Daniel  Stanard,  Ephraim  Carpenter,  William 
Houston,  of  Indiana  county,  Hugh  McClelland,  Arnold  Plumer, 
John  Evans,  James  Kinnear,  George  Brigham,  Edward  Pierce, 
James  B.  SnowTden,  of  Venango  county,  J.  Hall,  Thomas  Struth- 
ers,  L.  Wetmore,  Archibald  Tanner,  G.  A.  Irvine,  of  Warren 
county,  be,  and  they  are  hereby  appointed  commissioners,  with 
similar  powers  to  those  contained  in  the  first  section  of  this  act, 
(the  notices  to  be  published  in  such  newspapers  as  they  shall  deem 
most  advisable,)  and  after  they  shall  have  procured  subscriptions 
of  stock  to  the  amount  of  two  thousand  shares,  they  shall  certify 
the  same  to  the  Governor,  whose  duty  it  shall  be  to  issue  his 
lorated'7  incor’letters  patent,  incorporating  the  said  stockholders,  their  succes¬ 
sors  and  assigns,  into  a  body  corporate  and  politic,  in  deed  and  in 
Name  and  style.  jaw^  Dame  ancj  style  of  i(  The  Pittsburg  and  Susquehanna 

Railroad  Company,”  and  by  the  same  name  shall  have  perpetual 
succession,  with  all  the  privileges,  franchises  and  immunities,  and 
subject  to  all  the  restrictions,  liabilities  and  penalties,  as  by  the 
several  sections  of  this  act  are  provided  for  and  imposed  upon  the 
Sunbury  and  Erie  Railroad  Company. 

Section  30.  The  president  and  managers  of  the  said  Pittsburg 
and  Susquehanna  Railroad  Company,  shall  have  the  power  to 
survey,  lay  down,  ascertain  and  mark  such  route  or  routes  as  they 
may  deem  expedient  for  a  railroad,  with  as  many  sets  of  tracks  as 
they  may  deem  necessary,  from  the  said  City  of  Pittsburg,  along 
the  waters  of  the  river  Alleghany,  and  thence  by  the  nearest,  best 
and  most  practicable  route,  so  as  to  intersect  the  said  Sunbury  and 
Erie  Railroad,  at  any  point  they  may  think  most  advisable,  either 
on  the  waters  of  the  Alleghany,  or  the  West  Branch  of  the  Sus¬ 
quehanna,  or  at  any  other  intermediate  point. 

Section  31.  In  order  that  the  location  of  said  railroads  may 
not  interfere  with  the  construction  by  the  commonwealth,  of  a  con- 
Sutplatedby  the  templated  canal,  from  the  present  termination  of  the  West  Branch 
division  of  the  Pennsylvania  canal  to  the  Alleghany  river,  explored 
by  Mr.  Aycrigg,  the  proposed  location  of  said  railroads,  so  far  as 
the  same  might  interfere  with  the  construction  of  said  canal,  shall 
be  submitted  to  the  Canal  Commissioners,  and  the  said  railroads 
shall  be  located  in  such  manner,  as  in  the  opinion  of  the  said  com¬ 
missioners,  will  not  occupy  nor  obstruct  the  ground  necessary  for 


Location  of  the 
railroad. 


Commencement. 


Termination. 


l.oeation  not  to 
interfere  with 
the  works  con- 


25 


such  canal:  Provided ,  That  where  the  said  railroads  shall  ap-Proviso* 
proach  or  cross  any  canal  or  slack  water  navigation  constructed  by 
the  commonwealth,  the  location  of  the  same,  and  the  height  of  the 
bridges,  shall  be  approved  of  by  the  Canal  Commissioners,  before 
actual  operation  shall  be  commenced. 

Section  32.  The  said  Sunbury  and  Erie  Railroad  Company 
shall  commence  the  construction  of  said  railroad  previous  to  the  Time  of  com- 

A  mencement  and 

first  day  of  June,  eighteen  hundred  and  thirty-eight,  and  complete  completion. 

at  least  two  hundred  miles  thereof  within  seven  years,  and  the 

whole  thereof  within  nine  years  next  succeeding  said  first  day  of 

June;  in  default  whereof,  all  the  rights  and  privileges  by  this  act 

to  them  granted  shall  cease,  and  their  charter  become  void,  Vv'Gn  charter 

°  '  '  '  shall  become 

except  so  far  as  it  compels  said  company  to  make  reparation  for  void, 
damages. 

Section  33.  That  the  second  proviso  in  the  first  section  of  the 
act  entitled  u  An  Act  to  authorize  the  Governor  to  incorporate  a 
company  to  make  a  lock  navigation  on  the  East  Branch  of  the  ^K^urancd ,.,f 
river  Schuylkill,”  passed  the  twentieth  day  of  February,  Anno  Sch">lk'11- 
Domini,  eighteen  hundred  and  twenty-six,  be,  and  the  same  is  Proviso  repealed, 
hereby  repealed. 

LEWIS  DEWART, 

Speaker  of  the  House  of  Representatives. 

J.  R.  BURDEN, 

Speaker  of  the  Senate. 

Approved,  the  third  day  of  April,  Anno  Domini,  one  thou¬ 
sand  eight  hundred  and  thirty-seven. 

JOS.  RITNER. 

 - 


A  FURTHER  SUPPLEMENT 

TO  AN  ACT  ENTITLED  “  AN  ACT  TO  INCORPORATE  THE 
SUNBURY  AND  ERIE,  AND  PITTSBURG  AND  SUSQUEHANNA 
RAILROAD  COMPANY.” 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre¬ 
sentatives  of  the  Commonwealth  of  Pennsylvania ,  in  General  As¬ 
sembly  met ,  and  it  is  hereby  enacted  by  the  authority  of  the  same, 
That  the  time  for  commencing  the  construction  of  the  Sunbury 
and  Erie  Railroad  shall  be,  and  is  hereby  extended  until  the  first 
day  of  June,  eighteen  hundred  and  fifty  one;  and  that  at  least  two 


26 


hundred  miles  of  said  road  shall  be  completed  in  seven  years  there¬ 
after,  and  the  whole  thereof  in  nine  years  next  succeeding  the  said 
first  day  of  June,  eighteen  hundred  and  fifty-one,  anything  in  the 
several  acts  of  the  General  Assembly  of  the  Commonwealth,  to 
which  this  is  a  further  Supplement,  to  the  contrary  notwithstand¬ 
ing  :  and  that  the  said  company  shall,  and  are  hereby  authorized 
to  locate  and  construct  the  said  road  along  either  side  of  the  Sus¬ 
quehanna  river,  Sinnemahoning,  and  on  the  unfinished  line  of  the 
West  Branch  canal,  west  of  Farrandsville,  that  may  be  deemed 
the  most  practicable.  FINDLEY  PATTERSON, 

Speaker  of  the  House  of  Representatives. 

DANIEL  L.  SHERWOOD, 

Speaker  of  the  Senate. 

Approved  the  twelfth  day  of  February,  one  thousand  eight  hun¬ 
dred  and  forty-six.  FRANCIS  R.  SIIUNK. 


AN  ACT  TO  INCORPORATE  THE  SUNBITRY  AND  ERIE,  AND 
PITTSBURG  AND  SUSQUEHANNA  RAILROAD  COMPANY. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre¬ 
sentatives  of  the  Commonwealth  of  Pennsylvania ,  in  General  As¬ 
sembly  met ,  and  it  is  hereby  enacted  by  the  authority  of  the  same, 
That  an  election  for  President  and  Managers  of  the  Sunbury  and 
Erie,  and  Pittsburg  and  Susquehanna  Railroad  company,  to  serve 
during  the  year  next  succeeding  the  time  of  said  election,  be  held  on 
due  public  notice  according  to  the  terms  of  the  act  incorporating 
said  company ;  and  that  said  notice  shall  be  as  effectual  for  the 
purpose  of  said  election  if  signed  by  any  three  stockholders,  as  if 
signed  by  the  President  and  Secretary  of  the  said  company,  any 
thing  in  the  act  incorporating  said  company  to  the  contrary  not¬ 
withstanding. 

FINDLEY  PATTERSON, 
Speaker  of  the  House  of  Representatives. 
DANIEL  L.  SHERWOOD, 

Speaker  of  the  Senate. 
Approved  the  fourteenth  day  of  March,  one  thousand  eight  hun¬ 
dred  and  forty-six. 


FRANCIS  R.  SHUNK. 


27 


A  FURTHER  SUPPLEMENT 

TO  AN  ACT  ENTITLED  “  AN  ACT  TO  INCORPORATE  THE  SUN- 

BURY  AND  ERIE  AND  PITTSBURGH  AND  SUSQUEHANNA 

RAILROAD  COMPANIES,”  PASSED  THE  THIRD  DAY  OF  APRIL, 

ONE  THOUSAND  EIGHT  HUNDRED  AND  THIRTY-SEVEN. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre. 
sentatives  of  the  Commonwealth  of  Pennsylvania  in  General  As- 
sembly  met ,  and  it  is  hereby  enacted  by  the  authority  of  the  same , 

That  the  Directors  of  said  Companies  shall  have  full  power  and  &c' 

authority  to  purchase  and  place  on  the  said  railroads,  all  locomo¬ 
tives,  machines,  vehicles,  carriages,  and  teams  of  any  kind  what¬ 
soever  which  they  may  deem  proper  and  necessary  for  the  purposes 
of  transportation,  and  have  full  power  to  transport  passengers, 
goods,  minerals,  merchandise  and  other  articles,  and  to  receive 
and  collect  freight  and  tolls  therefor  :  Provided ,  That  if  the Proviso- 
said  engines  or  other  vehicles  be  so  used  as  to  render  unsafe  tra¬ 
velling  on  any  canal  or  public  road  now  laid  out,  the  legislature 
may  enact  such  regulations  therefor  as  will  prevent  and  obviate 
such  danger. 

Section  2.  That  the  twenty-first  section  of  the  act  to  which  2m  section  form- 

i  ^  er  act  repealed. 

this  is  a  further  supplement,  except  the  proviso  to  said  section,  be 
and  the  same  is  hereby  repealed. 

Section  3.  That  the  Sunbury  and  Erie  Railroad  Company  so 
soon  as  ten  consecutive  miles  or  more  of  their  said  road  is  comple-^Jj^  compu¬ 
ted  over  any  section  of  the  line  of  said  road,  are  hereby  authorized  S’iSJomonv^s^ 
to  run  cars  and  locomotives  and  collect  tolls  on  said  road,  and  do  ihen^iVmVil-s 
all  other  acts  and  things  as  fully  and  effectually  as  if  the  whole are  comi,lcte(l- 
road  were  completed. 

JAMES  COOPER, 

Speaker  of  the  House  of  Representatives. 

CHARLES  GIBBONS, 

Speaker  of  the  Senate . 

Approved  the  fifteenth  day  of  March,  one  thousand  eight  hun¬ 
dred  and  forty-seven. 


; 


F.  R,  SHUNK. 


28 


A  FURTHER  SUPPLEMENT 

TO  AN  ACT  ENTITLED  “  AN  ACT  TO  INCORPORATE  THE  SUN¬ 
BURY  AND  ERIE  AND  PITTSBURG  AND  SUSQUEHANNA  RAIL¬ 
ROAD  COMPANIES.’’  PASSED  THE  THIRD  DAY  OF  APRIL, 
ONE  THOUSAND  EIGHT  HUNDRED  AND  THIRTY-SEVEN. 


cash. 


Corporations 
represented  at 
elections. 


Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
s u°bscri be°for m a '  sentatives  of  the  Commonwealth  of  Pennsylvania ,  in  General  As¬ 
sembly  met,  and  it  is  hereby  enacted  by  the  authority  of  the  same , 
That  it  shall  be  competent  to  the  corporate  or  constituted  authori¬ 
ties  of  any  municipal  or  other  corporation  in  the  Commonwealth 
to  subscribe  for  shares  in  the  capital  stock  of  the  Sunbury  and 
Erie  Railroad  Company,  and  to  borrow  money  to  pay  therefor,  and 
to  make  provision  for  the  payment  of  the  principal  and  interest  of 
loam  reed ved  as  money  so  borrowed.  The  certificates  of  loan  or  bonds  which 
maybe  issued  by  said  corporations  bearing  an  interest  of  six  percent, 
per  annum,  payable  half  yearly,  may  be  received  as  cash  by  the  Sun¬ 
bury  and  Erie  Railroad  Company,  in  payment  of  any  part  or  the 
whole  amount  of  the  shares  subscribed  by  the  corporations  issuing 
said  certificates  or  bonds,  and  any  corporation  holding  shares  of 
stock  may  be  represented  at  elections  and  meetings  of  the  said 
Company  by  agents  duly  authorized  by  and  acting  under  resolu¬ 
tions  passed  by  the  constituted  authorities  thereof.  Provided, 
that  any  corporation  that  shall  be  possessed  of  five  thousand  shares? 
or  more,  in  the  capital  stock  of  said  Company,  shall,  in  lieu  of  vo¬ 
ting  at  the  general  elections  of  said  company,  be  entitled  to  elect, 
by  the  constituted  authorities  thereof,  one  manager  for  each  and 
every  five  thousand  shares  held  by  said  corporation.  Provided, 
that  no  corporation  shall  elect  more  than  three  managers,  and  that 
a  majority  of  the  Board  of  Managers  shall  at  all  times  be  elected 
by  the  private  stockholders ;  if  at  any  time  corporations  shall  be 
entitled,  under  this  provision,  to  more  than  six  managers,  then  the 
number  of  managers  to  which  such  corporations  are  entitled,  shall 
be  reduced  in  such  manner  as  shall  be  determined  upon  by  the 
No  certificate  ofmanagers  in  office.  Provided,  that  no  certificate  of  such  loans 
$100.  '  ‘  shall  be  issued  for  a  less  sum  than  one  hundred  dollars. 
r  Section  2.  That  the  President  and  Managers  of  the  Sunbury 

Company  may  _  °  .  J 

P.y  interest  on  and  Erie  Railroad  Company  be  and  are  hereby  authorized  to  pay 
to  the  shareholders  entitled  to  receive  the  same,  in  the  months  of 


Holding  5000 
shares  to  elect  a 
manager. 


P  roviso 


29 


January  and  July,  in  each  year,  interest  at  the  rate  of  six 
per  centum  per  annum  on  all  instalments  paid  by  them  after  the 
passage  of  this  Act,  and  continue  to  pay  the  same  till  the  road 
shall  be  completed,  and  the  profits  or  earnings  of  the  said  Rail¬ 
road,  within  the  same  time,  shall  be  credited  to  the  cost  of  con¬ 
struction,  and  all  interest  paid  shall  be  charged  to  the  cost  of  con¬ 
struction.  Provided ,  that  the  interest  shall  not  be  paid  upon 
any  share  of  stock  upon  which  any  instalment  which  has  been 
called  for  remains  unpaid.  Provided  further ,  that  the  stock  of  not  t0  t,e 
the  said  Company  shall  not  he  subject  to  any  tax  in  consequence  of 
the  payment  of  the  interest  hereby  authorized,  nor  until  the  nett 
earnings  of  the  Company  shall  realize  at  least  six  per  centum  per 
annum  upon  the  capital  invested. 

JOHN  S.  RHEY, 

Speaker  of  the  House  of  Representatives. 

JOHN  H.  WALKER. 

/ 

Speaker  of  the  Senate. 

Approved  the  tenth  day  of  February,  one  thousand  eight  hun¬ 
dred  and  fifty-two. 

WILLIAM  BIGLER. 

Pennsylvania ,  ss. 

I  hereby  certify,  that  the  foregoing  and  annexed  is  a  true  and 
correct  copy  of  the  original  Act  of  the  General  Assembly,  as  the 
same  remains  on  file  in  this  office. 

In  testimony  whereof,  I  have  hereunto  set  my  hand  and  caused 
the  seal  of  the  Secretary’s  office  to  be  affixed  at  Harrisburg,  this 
tenth  day  of  February,  A.  D.,  one  thousand  eight  hundred  and 
fifty-two. 

Signed,  E.  W.  HUGHES, 

Secretary  of  the  Commonwealth. 


A  FURTHER  SUPPLEMENT 

TO  AN  ACT  ENTITLED  “  AN  ACT  TO  INCORPORATE  THE 
SUNBURY  AND  ERIE,  AND  PITTSBURG  AND  SUSQUEHANNA 
RAILROAD  COMPANIES.” 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre¬ 
sentatives  of  the  Commonwealth  of  Pennsylvania  in  General 
Assembly  met,  and  it  is  hereby  enacted  by  authority  of  the  same > 


30 


Annual  meetings 


Each  share  to 
have  one  vote. 


Notices  of 
meetings. 


Repealing  part 
of  lith  section. 


Mode  of  ascer¬ 
taining  damages. 


Court  shall  ap¬ 
point  5  viewers. 


That  the  annual  meetings  of  the  stockholders  shall  be  held  on  the 
second  Monday  in  February  instead  of  January,  and  each  share  of 
stock  subscribed,  and  upon  which  one  or  more  instalments  shall 
have  been  paid,  or  which  has  been  held  by  transfer  for  more  than 
thirty  days,  shall  entitle  the  holder  thereof  to  one  vote  at  any 
election  for  each  and  every  share  so  held  :  Provided ,  That  a  viva 
voce  vote  of  a  majority  of  the  stockholders  present  at  a  meeting 
shall  decide  all  other  questions,  unless  a  vote  by  stock  is  demanded 
before  the  question  is  taken,  and  the  demand  sustained  by  one- 
third  of  the  stockholders  present  or  by  any  twenty  thereof :  Pro¬ 
vided ,  also,  That  no  share  of  stock  shall  confer  a  right  of  suffrage 
upon  which  any  instalment  remains  due  and  unpaid.  Hereafter  all 
notices  of  annual  and  other  meetings  of  stockholders,  and  of  the 
times  and  places  appointed  for  the  payment  of  any  portions  or  in¬ 
stalments  of  the  capital  stock,  shall  be  published  in  at  least  three 
daily  papers  published  in  the  city  of  Philadelphia  and  elsewhere, 
as  the  board  shall  direct,  and  such  publication  shall  be  sufficient 
notice  to  stockholders. 

Section  2.  That  the  words  “  and  the  assignee”  andall  there¬ 
after  in  section  sixth  of  the  act  to  which  this  a  supplement,  pro¬ 
perly  belong  to  and  are  a  part  of  the  seventh  section,  and  they  are 
hereby  transferred  to  the  end  of  the  said  seventh  section. 

Section  3.  That  all  after  the  words  “or  place  of  public  wor¬ 
ship,”  in  the  eleventh  section  of  the  said  act,  to  and  including  the 
words  “shall  be  defrayed  by  the  said  company,”  be  and  the  same 
are  hereby  repealed. 

Section  4.  That  when  the  Sunbury  and  Erie  Railroad  Com¬ 
pany  cannot  agree  with  the  owner  or  owners  of  any  lands  or 
materials,  for  the  compensation  proper  for  the  damage  done  or 
likely  to  be  done  to  or  sustained  by  any  such  owner  or  owners  of 
such  lands  or  materials,  which  said  company  may  enter  upon,  use, 
or  take  away  in  pursuance  of  the  authority  given  them  by  the  act 
to  which  this  is  a  supplement,  or  by  reason  of  the  absence  or  legal 
incapacity  of  any  such  owner  or  owners,  no  such  compensation  can 
be  agreed  upon;  the  Court  of  Common  Pleas  of  the  proper  count}', 
on  application  thereto  by  petition,  either  by  said  company  or 
owner  or  owners,  or  any  one  in  behalf  of  either,  shall  appoint 
five  disinterested  persons  of  the  next  adjoining  county  or  counties, 
none  of  whom  shall  be  residents  of  any  of  the  counties  through 
which  said  railroad  shall  pass,  and  fix  a  time  not  less  than 
twenty  or  more  than  thirty  days  thereafter  for  said  viewers  to 


31 


meet  upon  the  premises  where  the  damages  are  alleged  to  be  sus¬ 
tained,  of  which  time  and  place  ten  days  notice  shall  be  given  by 
the  party  petitioning,  to  said  viewers  and  to  the  other  party,  and 
the  said  viewers  having  been  first  sworn  or  affirmed,  by  some  To  he  s"orn  or 
power  competent  to  administer  oaths,  faithfully,  justly,  and  im¬ 
partially  to  decide,  and  true  report  to  make  concerning  all  the 
matters  and  things  to  be  submitted  to  them,  and  in  relation  to 
which  they  are  authorized  to  inquire  in  pursuance  of  the  provi-  ’ 
sions  of  this  act,  and  having  viewed  the  premises,  shall  estimate 
and  determine  the  quantity,  quality,  and  value  of  said  lands  so 
taken  or  occupied,  or  to  be  taken  and  occupied,  or  the  materials  so 
used  or  taken  away,  or  to  be  used  or  taken  away,  as  the  case  may 
be,  and  having  a  due  regard  to  and  making  just  allowances  for  the 
advantages  which  may  have  resulted,  or  which  may  result  to  the 
owner  or  owners  of  said  lands  or  materials,  in  consequence  of  the 
opening  or  making  of  said  railroad,  or  the  construction  of  works 
connected  therewith  ;  and  after  having  made  a  fair  and  just  com¬ 
parison  of  said  advantages,  or  disadvantages,  they  shall  estimate 
and  determine  whether  any,  and  if  any,  what  amount  of  damages  Report  daamges. 
have  been  sustained,  or  may  be  sustained,  and  to  whom  payable, 
and  make  report  thereof  to  the  Court;  if  any  damnges  be  awarded, 
and  the  report  be  confirmed  by  said  court,  judgment  shall  be  en¬ 
tered  therein,  and  if  the  amount  thereof  be  not  paid,  execution 
may  issue  thereon,  as  in  other  cases  of  debt,  for  the  sum  so 
awarded,  and  the  cost  and  expenses  incurred  shall  be  defrayed  by 
said  railroad  company. 

Provided.  That  nothing  herein  contained,  shall  authorize  the  Not  '<> enter  <>•» 

°  7  #  land  without 

said  company  to  enter  upon  any  lands  or  take  any  property,  with-  compensation. 

out  making  compensation  to  the  owners  of  said  property,  or  giving 

adequate  security  therefor.  Provided  further,  That  the  said  viewers  ^  ^ 

shall  be  entitled  to  receive  as  a  compensation  two  dollars  per  day, 

while  engaged  in  said  business;  that  one  or  more  of  said  viewers Ma>' adjourn. 

shall  have  power  to  adjourn  from  day  to  day,  and  that  a  majority 

of  the  said  viewers,  so  appointed,  shall  have  power  to  view  and  vSTmi 

assess  damages,  and  to  report  as  fully  and  with  like  effect  as 

though  all  were  present.  And  provided  further ,  That  a  penalty 

of  ten  dollars  be  imposed  on  any  of  the  said  viewers  who  shall  ^snal/0yporJJ^t 

neglect  or  refuse  to  attend,  after  appointment  and  due  notice,  at tenilance* 

the  time  and  place  named,  unless  unavoidably  prevented,  said 

penalty  to  be  recoverable  before  any  justice  of  the  peace,  as  debts 

of  similar  amount  are  recoverable,  for  the  use  of  the  person  suing 


Company  may  for  same>  Provided,  further,  That  if  the  proper  officer  of  said 

tender  damages.  ./  7  11 

company,  at  any  time  before  application  made  by  either  party  for 
the  appointment  of  viewers  in  the  manner  hereinbefore  mentioned 
directed,  shall  tender  to  the  owner  or  owners  of  said  lands  or  ma¬ 
terials,  a  sum  of  money,  in  full  compensation  for  his  or  their  said 
damages,  said  company  shall  not  be  liable  for  costs  on  any  sub¬ 
sequent  proceedings,  unless  such  owner  or  owners  of  land  or 
materials  shall  be  awarded  a  larger  sum  than  the  previous  tender 
of  said  company.  Provided ’,  That  no  damage  shall  be  collected, 

ejaim  to be  made  unless  a  claim  shall  be  made  within  six  months  from  the  date  of 

^within  0  ipontbs. 

the  commencement  of  the  work  upon  any  such  property. 

Section  5.  That  if  said  railroad  company  shall  find  it  necessary 

CubiiceroadSlte  °f t°  c^aDge  site  any  portion  of  any  turnpike  or  public  road, 
they  shall  cause  the  same  to  be  reconstructed  forthwith  at  their  own 
proper  expense,  on  the  most  favorable  location  and  in  as  perfect  a 
manner  as  the  original  road.  Provided,  that  the  damages  in¬ 
curred  in  changing  the  location  of  any  road  authorized  by  this 
section,  shall  be  ascertained,  and  paid  by  said  company,  in  the 
same  manner  as  is  provided  for  in  regard  to  the  location  and  con¬ 
struction  of  their  own  road. 

Section  6.  That  whenever  a  service  of  process  in  any  suit  or 
action  against  the  company,  is  made  upon  any  other  officer  of  the 
company  than  the  President,  a  copy  of  said  service  shall  be  forth¬ 
with  mailed  to  the  President,  addressed  to  the  office  of  the 
company. 

if  Legislature  re-  Section  7.  That  in  case  the  Legislature  should  at  any  time  ex- 

sume  road,  pay  8  °  J 

percent,  oncost.  ercise  the  right  of  purchasing  said  railroad  or  of  resuming  the 
rights  and  privileges  granted  to  the  said  company  from  any  cause, 
the  said  company  shall  be  paid  a  sum  of  money,  which,  with  the 
tolls  received,  shall  equal  the  cost  and  expenses  of  making  and 
maintaining  the  said  railroad,  with  an  interest  of  eight  per  cent, 
per  annum  thereon. 

Company  may  Section  8.  That  the  said  company  may  run  their  cars  and 

run  cars,  &c.,  *  J  J 

over  other  roads,  locomotives  over  the  said  road  and  its  branches,  and  over  any  other 
railroads  which  at  any  time  may  connect  either  directly  or  by 
means  of  other  roads  therewith,  in  such  manner  as  may  form  com¬ 
plete  railroad  connections  between  the  cities  of  Philadelphia  and 
Erie,  under  such  arrangements  as  may  be  mutually  agreed  upon, 
and  which  the  said  company,  as  general  transporters  of  passengers 
and  freight  between  said  cities  and  intermediate  places,  may  deem 
expedient  for  economy  or  the  better  accommodation  of  the  public. 


Copy  of  service 
to  be  mailed  to 
President. 


33 


Section  9.  That  the  said  company  shall  have  power  to  con- May  construct 
struct  lateral  and  branch  roads  from  the  line  of  their  road  at  form  connec- 
Southward,  or  Eastward  from  Williamsport,  to  intersect  any  other  ladeiphia. 
railroads  by  means  of  which  the  said  company  may  be  enabled  to 
form  connections  with  the  city  of  Philadelphia,  by  way  of  the 
valley  of  the  Schuylkill,  or  as  hereafter  provided,  by  way  of  the 
valley  of  the  Susquehanna  :  Provided ,  That  on  any  road  that  may  Proviso, 
be  made  between  Sunbury  and  Harrisburg,  the  same  tax  be  and 
is  hereby  imposed,  as  is  now  or  may  hereafter  be  imposed  by  law 
on  the  Susquehanna  railroad ;  and,  provided  further,  That  if  the 
Susquehanna  Railroad  Company  shall  fail  to  put  that  portion  of 
the  line  of  their  road  under  contract,  between  Bridgeport  and 
Sunbury,  within  one  year  from  the  passage  of  this  act,  and  com¬ 
plete  the  same  within  two  years  thereafter,  then  and  in  that  case 
the  Sunbury  and  Erie  Railroad  Company  is  hereby  authorized  to 
extend  their  road  from  Sunbury  by  the  valley  of  the  Susquehanna, 
to  connect  with  the  Pennsylvania  Railroad  at  such  point  as  may 
be  deemed  most  expedient  by  the  said  company,  on  the  same 
terms  and  conditions  that  they  are  now  authorized  to  construct 
the  main  line  of  their  road  between  Sunbury  and  Erie. 

Section  10.  That  if  the  said  company  shall  construct  a  rail- PoiuU  on  load> 
road  from  Bridgeport  or  Harrisburg  to  Sunbury,  under  the  pro¬ 
visions  of  this  act,  they  shall  make  the  towns  of  Dauphin,  Hali¬ 
fax  and  Millersburg  in  Dauphin  county,  and  Georgetown  in 
Northumberland  county,  points  on  said  road. 

Section  11.  That,  inasmuch  as  the  construction  of  this  rail*  Pr°i,crty  exe,"Pl 

7  _  from  State  taxes. 

road  will  tend  to  develope  the  resources  and  increase  the  revenue 
of  the  Commonwealth,  the  property  which  the  said  president  and 
managers  hold  or  may  acquire  under  the  charter,  for  the  benefit 
of  the’stockholders,  shall  be  exempt  from  taxation  for  State  pur¬ 
poses  till  the  road  is  completed  :  Provided,  That  such  exemption 
shall  not  extend  to  a  period  longer  than  five  years  from  the  pas¬ 
sage  of  this  supplement. 

Section  12.  That  it  shall  be  competent  to  the  corporate  autho-  convey  wateriotl 
rities  of  the  city  of  Erie,  to  convey  to  the  said  Sunbury  and  Erie 
Railroad  Company,  any  of  the  water  lots  held  by  the  said  city, 
either  as  a  donation  or  for  a  price  which  may  be  agreed  upon,  and 
nothing  in  any  previous  act  or  resolution  concerning  said  lots 
shall  be  so  construed  as  to  prevent  such  a  conveyance. 

Section  13.  That  anything  in  the  original  act,  or  any  of  the 

3 


34 


preceding  supplements  of  the  said  act,  to  which  this  is  a  supple¬ 
ment,  inconsistent  with  this  act,  be,  and  the  same  are  hereby 
repealed. 

John  S.  Riiey, 

Speaker  of  the  Ho?ise  of  Representatives . 

John  H.  Walker, 

Speaker  of  the  Senate. 

Approved  the  twenty-seventh  day  of  March,  A.  D.  one  thou¬ 
sand  eight  hundred  and  fifty-two.  Wm.  Bigler. 


An  Act  to  incorporate  the  Joknstoum  ancl  Armagh  Flank  Road 
Company ;  to  authorize  the  construction  of  a  State  road  in  the 
Counties  of  Bedford  and  Cambria  ;  construing  the  first  section 
of  the  Supplement  to  the  Charter  of  the  Sunbury  and  Erie 
Railroad  Company . 

Section  10.  That  the  first  section  of  the  supplement  to  the 
Charter  of  the  Sunbury  and  Erie  Rail  Road  Company,  approved 
February  10th,  one  thousand  eight  hundred  and  fifty-two,  shall  be 
so  construed  as  to  authorize  a  majority  of  the  constituted  or  cor¬ 
porate  authorities  of  any  municipal  corporation,  except  the  districts 
of  Spring  Garden  and  Northern  Liberties,  in  the  county  of  Phila¬ 
delphia,  to  subscribe  to  the  stock  of  the  said  Company,  and  to 
issue  bonds  in  payment  therefor. 

Approved  the  fourth  day  of  May,  Anno  Domini  one  thousand 
eight  hundred  and  fifty-two. 


35 


AN  ACT 

TO  AUTHORIZE  THE  SUNBURY  AND  ERIE  RAILROAD  COMPANY 

TO  BORROW  MONEY. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre¬ 
sentatives  of  the  Commonwealth  of  Pennsylvania  in  General  As¬ 
sembly  met ,  and  it  is  hereby  enacted  by  the  authority  of  the  same, 

That  to  enable  the  Sunbury  and  Erie  Railroad  Company  to  complete  £bSiroad 
and  equip  their  road,  the  said  company  shall  have  authority  to  p°wer 

borrow  any  sum  or  sums  of  money,  not  exceeding  four  millions  ofmoney' 
dollars,  on  the  bonds  of  the  said  company,  secured  by  mortgage  of 
the  whole  or  part  of  their  property  and  estate,  real  and  personal, 
and  the  corporate  franchises  thereto  belonging,  upon  such  rates  of 
interest  as  may  be  agreed  upon ;  and  the  said  company  are  authorized 
to  sell  and  dispose  of  the  said  bonds  within  or  beyond  this  Common¬ 
wealth,  at  such  rates  above  or  below  par  as  may  be  agreed  upon 
between  the  parties,  and  such  sale  shall  be  as  valid  as  if  sold  at  par  : 

Provided ,  That  no  bond  shall  be  issued  by  said  company  for  a  less  Proviso, 
sum  than  one  hundred  dollars  :  And  provided  further,  That  the 
said  bonds  may  be  made  convertible  into  the  stock  of  the  said  com¬ 
pany  at  par,  which  stock  the  said  company  are  authorized  to  issue 
when  required. 

Section  2.  That  it  shall  be  the  duty  of  said  company  to  termi-  Duty, 
nate  their  road  at  the  harbor  of  Erie. 

Section  3.  That  the  said  Sunbury  and  Erie  Railroad  Company  increaSe  0f 
be  and  they  are  hereby  authorized  to  increase  their  capital  stock  two  capital  st0tk' 
millions  of  dollars  in  addition  to  that  now  authorized  by  law. 

W.  P.  SCHELL, 

Speaker  of  the  House  of  Representatives. 

THEO.  CARSON, 

Speaker  of  the  Senate. 

Approved  the  fifteenth  day  of  April,  Anno  Domini  one  thousand 
eight  hundred  and  fifty-three. 

WM.  BIGLER. 


4 


36 


May  borrow 
money. 


May  increase 
capital  stock. 


Extension 
of  road. 


AN  ACT 

RELATING  TO  THE  SUNBURY  AND  ERIE  RAILROAD  COMPANY. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre¬ 
sentatives  of  the  Commonwealth  of  Pennsylvania  in  General  Ms- 
sembly  met ,  and  it  is  hereby  enacted  by  the  authority  of  the  same , 
That  for  the  purpose  of  constructing  and  equipping  the  Sunbury 
and  Erie  Railroad,  the  said  Sunbury  and  Erie  Railroad  Company  is 
authorized  to  borrow  money  and  to  issue  their  bonds,  (in  sums  cf 
not  less  than  one  thousand  dollars  each,)  at  such  rates  of  interest 
and  on  such  terms  as  may  be  determined  by  the  Board  of  Managers, 
and  to  secure  the  payment  of  said  bonds  by  executing  and  delivering 
to  such  trustee  or  trustees  as  they  may  select,  a  mortgage  or  mort¬ 
gages  of  all  or  any  part  of  their  estate,  real  and  personal,  rights, 
liberties  and  franchises;  and  further,  if  they  think  proper,  to  make 
the  said  bonds  convertible  into  stock  at  par,  which  stock  they  are 
hereby  authorized  to  issue  when  required. 

Section  2.  That  the  Sunbury  and  Erie  Railroad  Company  are 
hereby  authorized  to  increase  their  capital  stock  two  millions  of 
dollars  in  addition  to  the  amount  now  authorized  by  law. 

W.  P.  SCHELL, 

Speaker  of  the  House  of  Representatives. 
TIIEO.  CARSON, 

Speaker  of  the  Senate. 

Approved  the  eighteenth  day  of  April,  one  thousand  eight  hun¬ 
dred  and  fifty-three. 

WJM.  BIGLER. 


AN  ACT 

RELATING  TO  TIIE  SUNBURY  AND  ERIE  RAILROAD  COMPANY, 
AND  THE  CLEVELAND,  PAINESVILLE  AND  ASHTABULA  RAIL¬ 
ROAD  COMPANY. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Representa¬ 
tives  of  the  Commonwealth  of  Pennsylvania  in  General  Assembly 
met ,  and  it  is  hereby  enacted  by  the  authority  of  the  same,  That 
the  Cleveland,  Painesville,  and  Ashtabula  Railroad  Company,  as 


37 


incorporated  under  an  act  of  the  General  Assembly  of  the  State  of 
Ohio,  passed  the  eighteenth  day  of  February,  Anno  Domini  one 
thousand  eight  hundred  and  forty-eight,  entitled  11  An  Act  to  incor¬ 
porate  the  Cleveland,  Painesville,  and  Ashtabula  Railroad  Com¬ 
pany/’  and  an  act  supplementary  thereto,  passed  December  tenth, 

Anno  Domini  one  thousand  eight  hundred  and  fifty,  be  and  they 
are  hereby  authorized  to  construct  and  use  a  railroad,  with  one  or 
more  tracks,  commencing  at  and  in  the  city  of  Erie,  thence  extend¬ 
ing  south-westwardly,  by  the  most  practicable  route,  on  or  along  the 
Franklin  Canal  Railroad,  to  a  point  on  the  State  line  of  Ohio,  where 
it  may  connect  with  the  Cleveland,  Painesville  and  Ashtabula  Rail¬ 
road,  subject  to  the  provisions  of  an  act  regulating  railroad  compa-  gubj.ect  to provi- 
nies,  passed  the  nineteenth  day  of  February,  Anno  Domini  one  ^c°tns  01  celUm 
thousand  eight  hundred  and  forty-nine,  and  that  they  be  and  are 
hereby  authorized  to  connect  their  road  with  any  railroad  or  railroads 
legally  authorized  to  come  to  or  to  lay  a  road  within  the  limits  of 
the  city  of  Erie  :  Provided ,  That  all  such  connections  shall  wholly  rroviso. 
cease  so  soon  as  the  Sunbury  and  Erie  Railroad  Company  shall  have 
a  track  or  tracks  open  for  use  leading  into  said  city,  unless  they 
shall  also  make  a  connection  therein  with  said  Sunbury  and  Erie 
Railroad,  at  the  depots  of  the  said  last  named  company. 

Sections.  That  the  said  Cleveland,  Painesville  and  Ashtabula  \nthor:zedto 
Railroad,  be  and  they  are  hereby  authorized  and  required  to  pur-  certain  raUroad. 
chase  the  railroad  now  constructed  from  the  city  of  Erie  to  the  Ohio 
State  line,  and  all  the  right  or  interest  of  the  Franklin  Canal  Com¬ 
pany,  or  any  other  parties  in  and  to  the  same,  with  its  appurtenances 
and  the  right  of  way,  and  all  other  rights  and  property  connected 
therewith,  and  shall  also  purchase  any  shares  of  the  said  original 
Franklin  Canal  Company’s  stock  at  par,  and  pay  the  interest  and 
principal  on  all  bonds  of  said  company,  according  to  their  tenor ) 
and  thereafter  the  said  Cleveland,  Painesville  and  Ashtabula  Rail¬ 
road  Company  may  use  and  enjoy  the  said  railroad  and  its  appurte¬ 
nances,  with  a  full  release  of  any  and  all  rights  and  claims  of  the 
Commonwealth  thereto  or  therein ;  and  the  said  Franklin  Canal 
Company  is  authorized  to  make  such  sale  and  transfer  to  said  Cleve¬ 
land,  Painesville  and  Ashtabula  Railroad  Company. 

Section  3.  That  the  said  Cleveland,  Painesville  and  Ashtabula  Duties  of 
Railroad  Company  shall  extend  the  track  or  tracks  of  their  road, 
equal  in  all  respects,  except  grades,  to  the  main  track,  from  a  point 
west  of  Liberty  street,  being  the  western  boundary  of  the  city  of 


38 


Terms  and 
conditions. 


Erie,  north-eastwardly  by  the  most  practicable  route,  to  the  harbor, 
of  Erie,  at  or  near  depot  grounds  of  the  Sunbury  and  Erie  Railroad 
Company,  and  have  the  same  opened  and  ready  for  use  within  two 
years,  or  sooner  if  the  said  Sunbury  and  Erie,  or  any  other  railroad 
coming  from  an  eastwardly  direction,  shall  have  one  or  more  tracks 
completed  to  the  said  harbor  :  Provided ,  That  the  Sunbury  and 
Erie  Railroad  Company  shall  grant  such  use  of  their  depot  grounds 
as  may  be  agreed  upon  between  the  parties,  and  that  the  city  of 
Erie  shall  grant  free  the  right  of  way  over  and  along  such  public 
streets  or  public  grounds  as  may  be  required  for  the  track  or  tracks 
of  said  road  to  the  harbor. 

Section  4.  That  all  the  privileges  and  immunities  granted  to  the 
said  Cleveland,  Painesville  and  Ashtabula  Railroad  Company,  in 
and  by  this  act,  are  granted  upon  the  following  terms  and  condi¬ 
tions,  namely  : 

First.  The  said  Cleveland,  Painesville  and  Ashtabula  Railroad 
Company  shall  make  such  connection  between  their  railroad  and 
that  of  the  Sunbury  and  Erie  Railroad  Company,  at  or  near  the 
city  of  Erie,  as  may  be  best  adapted  to  the  safe,  cheap,  and  ready 
transferring  of  cars,  passengers,  baggage  and  freight,  from  one  road 
to  the  other,  so  soon  as  the  western  division  of  the  said  Sunbury 
and  Erie  Railroad  shall  be  finished,  and  that  so  soon  as  the  said 
Sunbury  and  Erie  Railroad  Company  shall  have  laid  down  a  track  of 
road  from  Sunbury  to  Erie,  then  and  thereafter  the  said  Cleveland, 
Painesville  and  Ashtabula  Railroad  Company  shall  run  their  freight 
and  passenger  trains  to  the  depots  of  the  Sunbury  and  Erie  Railroad 
Company,  and  from  then  and  thereafter  shall  not  grant,  furnish,  or 
allow  to  any  company  whose  railroad  shall  terminate  at  or  pass  through 
or  near  the  city  of  Erie,  nor  to  any  company  cr  companies  whose 
road  or  roads  shall  connect  with  or  be  contiguous  to  such  road  ter¬ 
minating  at  or  passing  though  or  near  the  city  of  Erie,  any  facilities, 
privileges  or  advantages  which  are  not  equally  granted  and  furnished 
to  the  Sunbury  and  Erie  Railroad  Company,  nor  give  or  furnish,  or 
permit  to  be  given  or  furnished,  by  any  agent,  or  by  any  person  or 
persons,  company  or  companies,  using  their  road  directly  or  indi¬ 
rectly,  any  inducement  of  any  kind  whatever  to  any  party  to  travel 
or  to  send  or  forward  property  or  mail  matter  in  either  direction, 
on  or  over  any  railroad  so  terminating  at  or  passing  through  or  near 
the  city  of  Erie,  or  connecting  or  contiguous  therewith,  in  prefer¬ 
ence  to  travelling  or  sending,  or  forwarding  such  property  or  mail 


89 

r 

matter  on  or  over  the  said  Sunbury  and  Erie  Railroad;  and  all  pas¬ 
sengers,  property,  and  mail  matter  passing  over  the  said  Sunbury 
and  Erie  Railroad,  or  destined  to  pass  over  the  same,  shall  be  re¬ 
ceived  and  despatched  by  the  said  Cleveland,  Painesville  and  Ash¬ 
tabula  Railroad  Company,  with  all  proper  and  reasonable  speed  and 
despatch  :  Provided ,  That  the  Commonwealth  hereby  reserves  the 
right,  at  any  time  that  may  be  deemed  necessary  to  protect  her 
interest,  to  impose  such  taxes  on  the  Cleveland,  Painesville  and  Ash¬ 
tabula  Railroad  Company  as  may  be  imposed  by  any  general  tax  law 
upon  all  the  railroads  of  this  Commonwealth. 

Second.  The  said  Cleveland,  Painesville  and  Ashtabula  Railroad 
Company  shall,  before  exercising  any  of  the  rights  or  franchises 
hereby  granted,  subscribe  for  five  thousand  shares  of  the  capital 
stock  of  the  Sunbury  and  Erie  Railroad  Company,  to  be  paid  for  in 
the  bonds  of  the  said  Cleveland,  Painesville  and  Ashtabula  Railroad 
Company,  as  hereinafter  authorized  to  be  issued,  bearing  seven  per 
centum  per  annum  interest,  payable  half  yearly,  the  principal  paya¬ 
ble  in  twenty  years,  to  be  secured  by  a  mortgage  of  all  their  pro¬ 
perty,  rights  and  franchises,  and  which  shall  be  a  first  lien  or  mort¬ 
gage  on  that  part  of  their  property  in  Pennsylvania,  and  on  the 
rights  and  franchises  granted  or  to  be  granted  by  this  act;  said 
mortgage  to  be  executed  to  such  trustees  as  shall  be  satisfactory  to 
the  said  Sunbury  and  Erie  Railroad  Company;  the  payments  in 
bonds  on  account  of  such  subscription  to  be  made  and  stock  issued 
therefor  in  the  same  proportions  and  at  the  same  times  that  the  city 
of  Philadelphia  shall  make  their  payments  on  their  second  subscrip¬ 
tion  of  ten  thousand  shares  to  the  capital  stock  of  the  said  Sunbury 
and  Erie  Railroad  Company,  which  said  five  thousand  shares  of 
stock,  unless  otherwise  agreed  to  by  both  parties,  shall  be  inaliena¬ 
ble  until  the  maturity  of  the  bonds  given  in  payment  therefor,  and 
so  declared  on  the  face  of  the  certificate  for  the  same  ;  and  in  all  the 
elections  or  stock  votes  of  the  Sunbury  and  Erie  Railroad  Company 
one  thousand  six  hundred  and  sixty-seven  shares,  and  no  more  may 
be  voted  upon  by  the  said  Cleveland,  Painesville  and  Ashtabula 
Railroad  Company. 

Third.  That  at  least  three  of  the  directors  of  the  said  Cleveland, 
Painesville  and  Ashtabula  Railroad  Company,  shall  be  citizens  of 
the  Commonwealth  of  Pennsylvania. 

Section  5.  That  said  Cleveland,  Painesville  and  Ashtabula  Rail-  Bonds  to  be 

issued. 

road  Company  be  and  they  are  hereby  authorized  to  issue  their 


40 


Neglpct  or  re¬ 
fusal  to  perform 


bonds  in  sums  of  not  less  than  one  hundred  dollars  each,  bearing 
interest  at  the  rate  of  seven  per  centum  per  annum,  payable  half 
yearly,  to  be  secured  by  a  mortgage  or  deed  of  trust  of  all  their  pro¬ 
perty,  rights  and  franchises,  to  the  amount  of  five  hundred  thousand 
dollars,  and  the  said  Sunbury  and  Erie  Railroad  Company  are  hereby 
authorized  to  receive  said  bonds  at  par  in  payment,  as  before  pro¬ 
vided,  for  the  subscription  to  their  stock  hereinbefore  authorized  and 
directed  to  be  made. 

Section  6.  That  if  the  said  Cleveland,  Painesville  and  Ashtabula 

wurkaforfeiture  I^a^roa4  Company  shall,  in  any  respect,  knowingly  and  intention- 
of privileges.  a]iy  refuse  or  neglect  to  perform  and  comply  with  all  and  singular 

the  terms  and  conditions  hereinbefore  recited  and  imposed,  the  fact 
of  such  refusal  or  neglect  having  been  adjudged  by  a  court  of  com¬ 
petent  jurisdiction,  then  and  in  such  case  all  the  rights,  privileges, 
powers  and  immunities  granted  to  said  company  by  this  act,  or  in- 
Proviso.  tended  so  to  be,  shall  forthwith  cease  and  determine  :  Provided, 
That  nothin g  herein  contained  shall  be  construed  to  release  the  Cleve- 
land,  Painesville  and  Ashtabula  Railroad  Company  from  liability  to 
the  Sunbury  and  Erie  Railroad  Company,  by  reason  of  such  refusal 
or  neglect,  but  the  said  Sunbury  and  Erie  Railroad  Company  may, 
from  time  to  time,  recover  from  said  Cleveland,  Painesville  and  Ash¬ 
tabula  Railroad  Company  such  damages  as  they  may  sustain  there¬ 
from. 

Section  7.  That  immediately  upon  the  passage  of  this  act,  the 
Assignment.  Susquehanna  and  Erie  Railroad  Company  may  assign  and  transfer 
to  the  Sunbury  and  Erie  Railroad  Company  all  their  estate  and 
effects,  rights,  liberties  and  franchises,  and  from  and  after  such 
transfer  and  assignment,  duly  executed  under  their  corporate  seals, 
the  said  Sunbury  and  Erie  Railroad  Company  shall  become  vested 
with  all  the.  estate  and  effects  of  the  said  Susquehanna  and  Erie 
Railroad  Company,  and  shall  and  may  exercise  and  enjoy  all  the 
rights,  privileges,  and  franchises  of  said  company  in  their  own  name, 
and  in  addition  to  those  now  enjoyed  or  possessed  by  themselves,  as 
fully  as  though  the  same  had  been  directly  granted  to  the  said  Sun- 
Proviso.  bury  and  Erie  Railroad  company  :  Provided,  That  if  the  said  Sun¬ 
bury  and  Erie  Railroad  Company  shall,  under  the  rights  and  fran¬ 
chises  transferred  to  them  by  the  said  Susquehanna  and  Erie  Rail¬ 
road  Company,  or  under  any  other  legislative  authority,  construct  a 
railroad  leading  from  the  city  of  Erie  to  the  Ohio  State  line,  parallel 
with  the  said  Cleveland,  Painesville  and  Ashtabula  Railroad,  or  shall 


41 


connect  with  any  other  such  railroad,  then  and  in  such  case  the  said 
Sunbury  and  Erie  Railroad  Company  shall  pay  to  the  said  Cleveland, 

Painesville  and  Ashtabula  Railroad  Company  so  much  as  may  have 
been  paid  on  account  of  the  said  subscription  of  five  thousand  shares 
of  stock,  either  in  cash  or  in  the  bonds  as  aforesaid,  at  the  option  of 
said  Sunbury  and  Erie  Railroad  Company ;  and  thereupon  the  said 
Cleveland,  Painesville  and  Ashtabula  Railroad  Company  shall  de¬ 
liver  up  the  certificates  of  stock  issued  to  them,  to  be  canceled,  and 
thenceforth  the  said  Cleveland,  Painesville  and  Ashtabula  Railroad 
Company  shall  be  and  they  are  hereby  authorized  to  exercise  all  the 
rights  and  privileges  hereinbefore  granted  or  intended  so  to  be, 
freed  and  discharged  from  all  and  singular  the  terms  and  conditions 
hereinbefore  imposed  and  provided. 

Section  8.  That  before  exercising  any  of  the  rights  and  iinmuni-  Notice  to  be 
ties  hereby  granted  to  the  Cleveland,  Painesville  and  Ashtabula  6i'eninwntins 
Railroad  Company  and  to  the  Sunbury  and  Erie  Railroad  Company, 
respectively,  either  company  shall  give  to  the  other  notice  in  writing, 
under  their  respective  corporate  seals,  that  they  accept  this  act, 
and  agree  to  become  bound  by  all  the  provisions  and  conditions 
therein  contained )  and  immediately,  upon  either  of  said  companies 
giving  such  notice  to  the  other,  then  such  company  shall  forthwith 
be  and  become  entitled  to  all  the  benefits,  rights,  privileges  and  im¬ 
munities  granted  by  the  act,  subject,  however,  to  the  performance 
of  the  terms,  provisions,  and  conditions  therein  contained. 

E.  B.  CHASE, 

Speaker  of  the  House  of  Representatives. 

M.  1VPCASLIX, 

Speaker  of  the  Senate. 

I 

v 

Approved  the  fifth  day  of  May,  one  thousand  eight  hundred  and 
fifty  four. 


WM.  BIGLER. 


42 


Board  of 
Managers. 


Proviso. 


Voting. 


Meetings. 


A  FURTHER  SUPPLEMENT 

TO  THE  ACT  INCORPORATING  THE  SUNBURY  AND  ERIE  RAIL¬ 
ROAD  COMPANY. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Representa¬ 
tives  of  the  Commonwealth  of  Pennsylvania  in  General  Assembly 
met ,  and  it  is  hereby  enacted  by  the  authority  of  the  same,  That  the 
Board  of  Managers  of  the  Sunbury  and  Erie  llailroad  Company  shall 
consist  of  thirteen,  who  shall  be  chosen  as  follows :  Any  municipal 
corporation  that  shall  at  the  time  hold  five  thousand  shares  or  more 
of  the  capital  stock  of  the  said  company,  may  elect  one  manager 
for  each  five  thousand  shares  so  held,  such  election  to  be  by  the  con¬ 
stituted  authorities  of  such  corporation,  and  to  be  made  not  more  than 
thirty  nor  less  than  five  days  prior  to  the  day  of  the  annual  meeting 
of  the  said  stockholders  of  the  said  company  :  Provided ,  That  no  one 
such  corporation  shall  elect  more  than  three  managers,  and  not  more 
than  five  managers  shall  at  any  time  be  so  elected  by  all  of  such  cor¬ 
porations  )  and  if  at  any  time  municipal  corporations  shall,  by  reason 
of  stock  held,  be  entitled  to  elect  more  than  five  managers,  then 
only  those  whose  stock  has  been  held  the  longest  shall  exercise  this 
right,  to  the  extent  of  five  managers ;  such  number  of  the  Board  of 
Managers  as  shall  not  have  been  elected  by  municipal  corporations 
as  aforesaid,  shall  be  elected  by  the  other  stockholders  at  the  annual 
meeting,  by  a  majority  of  the  votes  given;  the  said  Board  of  Mana¬ 
gers  shall  hold  their  seats  from  the  day  of  their  election,  and  shall,  at 
their  first  meeting,  and  whenever  a  vacancy  shall  occur,  elect  one 
of  their  number  as  President,  and  may  also,  whenever  they  may  think 
it  expedient,  elect  a  Vice  President,  and  prescribe  his  functions  and 
duties. 

Section  2.  That  no  municipal  corporation  shall  be  entitled  to 
vote  at  the  general  elections  for  managers  which  shall  have  elected 
one  or  more  members  of  the  Board  of  Managers,  and  no  share  of 
stock  shall  confer  a  right  of  suffrage  upon  which  any  instalment  re¬ 
mains  due  and  unpaid,  nor  unless  the  same  shall  have  been  held  by 
the  party  offering  to  vote,  and  so  appear  upon  the  books  of  the 
company  for  at  least  thirty  days  prior  to  such  election  or  stock 
vote. 

Section  3.  That  the  Board  of  Managers  may,  on  the  written 
request  of  the  holders  of  five  hundred  shares  of  the  stock  of  said 


43 


company,  call  a  meeting  of  the  stockholders  of  the  company,  of 
which  meeting  thirty  days  notice  shall  be  given  in  the  manner 
now  required  by  law  as  to  the  annual  meetings  of  the  stock¬ 
holders. 

Section  4.  That  upon  the  entry  of  any  appeal,  as  aforesaid,  it  Declaration, 
shall  be  the  duty  of  the  party  claiming  damages  to  file  a  declaration 
or  statement  of  his  claim,  to  which  the  other  party  shall  plead,  and 
the  case  proceed  to  trial  as  in  other  civil  causes. 

Section  5.  That  so  much  of  the  fourth  section  of  the  act  ofRePeaL 
twenty-seventh  of  March,  Anno  Domini  one  thousand  eight  hun¬ 
dred  and  fifty-two,  as  requires  that  the  jurors  or  assessors  of  damages 
shall  be  appointed  from  adjoining  counties,  is  hereby  repealed. 

Section  6.  That  the  clause  contained  in  the  eleventh  section  of  [i^ouXburying 
the  act  to  which  this  is  a  supplement,  which  prevents  the  road  of  srounds- 
the  said  company  from  passing  through  any  burying  ground,  shall 
only  apply  to  such  grounds  as  have  been  used  for  purposes  of  inter¬ 
ment  before  the  location  of  the  said  road  through  them. 

Section  7.  That  in  all  cases  of  difference  arising  between  the  Cases  °f  dip? 

°  ence,  how  utci- 

Sunbury  and  Erie  Railroad  Company,  and  the  supervisors  of  any  ded- 
township,  relative  to  any  road,  causeway  or  bridge,  which  has  been  or 
may  be  altered  or  supplied  by  the  said  Suubury  and  Erie  Railroad, 
the  Court  of  Quarter  Sessions  of  the  county  in  which  the  same  may 
lie  shall  appoint  three  commissioners,  who  shall  examine  the  matter  in 
dispute,  and  their  decision,  or  that  of  a  majority  of  them,  shall  be 
final  and  conclusive  between  the  parties;  the  compensation  of  said 
commissioners  to  be  the  same  as  that  of  viewers  of  roads,  and  to  be 
paid  by  the  said  company;  the  report  of  said  commissioners  to  be  filed 
in  the  office  of  the  clerk  of  Court  of  Quarter  Sessions  of  the  proper 
county. 

Section  8.  That  the  said  Sunbury  and  Erie  Railroad  Company  Lat01al  roads- 
shall  have  authority  to  construct  lateral  or  branch  roads  from  their 
main  road,  not  exceeding  five  miles  in  length. 

E.  B.  CHASE, 

Speaker  of  the  House  of  Representatives. 

M.  M'CASLIN, 

Speaker  of  the  Senate. 

Approved  the  eighth  day  of  May,  one  thousand  eight  hundred  and 
fifty-four. 


WM.  BIGLER. 


44 


A  FURTHER  SUPPLEMENT 

TO  TIIE  ACT  INCORPORATING  THE  SUNBURY  AND  ERIE  RAIL¬ 
ROAD  COMPANY. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Representa¬ 
tives  of  the  Commonwealth  of  Pennsylvania  in  General  Assembly 
met ,  and  it  is  hereby  enacted  by  the  authority  of  the  same ,  That 
the  fifth  section  of  the  act  entitled  11  A  further  supplement  to  the 
act  incorporating  the  Sunbury  and  Erie  Railroad  Company/’  ap¬ 
proved  the  eighth  day  of  May,  Anno  Domini  one  thousand  eight 
hundred  and  fifty-four,  which  provides  that  so  much  of  the  fourth 
section  of  the  act  of  the  twenty-seventh  day  of  March,  Anno 
Domini,  one  thousand  eight  hundred  and  fifty-two,  as  requires  that 
the  jurors  or  assessors  of  damages  shall  be  appointed  from  adjoin¬ 
ing  counties,  is  hereby  repealed,  be  and  the  same  is  hereby  repealed, 
so  far  as  respects  cases  that  had  been  commenced  in  court,  to  secure 
damages  prior  to  said  eighth  day  of  May,  Anno  Domini  one  thou¬ 
sand  eight  hundred  and  fifty-four. 

HENRY  K.  STRONG, 

Speaker  of  the  House  of  Representatives. 
WM.  M.  HIESTER, 

Speaker  oj  the  Senate* 

We  do  certify,  that  the  bill,  entitled  11  A  further  supplement  to 
the  act  incorporating  the  Sunbury  and  Erie  Railroad  Company,” 
was  presented  to  the  Governor  on  the  twentieth  day  of  April,  one 
thousand  eight  hundred  and  fifty-five,  and  was  not  returned  within 
ten  days  (Sundays  excepted)  after  it  had  been  presented  to  him  ) 
wherefore  it  has,  agreeably  to  the  Constitution  of  this  Common¬ 
wealth,  become  a  law  in  like  manner  as  if  he  had  signed  it. 

ADIN  W.  BENEDICT. 

Clerk  of  the  House  of  Representatives. 

GEO.  W.  HAMERSLY, 

Clerk  of  the  Senate. 


Harrisburg ,  May  4,  1855. 


45 


A  SUPPLEMENT 


TO  AN  ACT  TO  INCORPORATE  THE  SUNBURY  AND  ERIE,  AND 
PITTSBURG  AND  SUSQUEHANNA  RAILROAD  COMPANIES. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Represen¬ 
tatives  of  the  Commonwealth  of  Pennsylvania  in  General  Assem¬ 
bly  met,  and  it  is  hereby  enacted  by  the  authority  of  the  same,  That 
the  Sunbury  and  Erie  Railroad  Company  be  and  the  same  is  hereby 
authorized  to  borrow  money,  and  issue  their  first  mortgage  bonds  Borrow  money, 
therefor,  to  any  amount  not  exceeding  eight  millions  of  dollars. 

Section  2.  That  whenever  the  said  company  shall  find  it  ne¬ 
cessary  in  constructing  the  said  road  to  change  the  course  of  any  change  course 
stream  of  water,  it  shall  be  lawful  for  them  to  do  so  :  Provided ,  ofstreams* 
That  no  stream  be  diverted  from  its  natural  channel  further  than 
may  be  necessary  to  aid  in  the  construction  of  said  road  :  And 
provided,  f  urther,  That  no  injury  be  done  thereby  to  any  mill,  mill 
seat,  factory  or  machinery  whatever, that  may  be  located  thereon; 
and  the  proviso  to  the  second  section  of  the  act  to  which  this  is  a 
supplement  is  hereby  repealed,  except  so  far  as  it  restrains  the  said 
company  from  banking  privileges. 

Section  3.  That  the  penalty  of  two  per  centum  per  month  im- 

*  .  Penalty 

posed  upon  the  stockholders  of  the  Sunbury  and  Erie  Railroad  reduced. 
Company  for  delay  in  the  payment  of  instalments  of  the  capital 
stock  after  the  time  appointed  for  the  payment  thereof,  as  pro¬ 
vided  in  the  eighth  section  of  the  act  incorporating  the  said  com¬ 
pany,  shall  be  and  the  same  is  hereby  reduced  to  one  per  centum 
per  month  for  the  delay  of  such  payment;  and  it  shall  be  the 
duty  of  the  president  and  managers  to  enforce  payment  of  all 
instalments  on  the  said  capital  stock,  together  with  the  said  pen¬ 
alty,  or  declare  any  stock  forfeited  to  the  use  of  the  company 
upon  which  any  instalment  shall  remain  unpaid,  according  to  the 
provisions  of  the  said  act. 

Section  4.  That  in  consideration  of  the  advantages  which  the 
commonwealth  will  derive  from  the  completion  of  the  said  rail-  LxaTion.0nfr0^ 
road  by  the  improvement  of  the  country  through  which  it  will 
pass,  and  the  consequent  increase  of  the  public  revenues,  the 
bonds  issued  and  to  be  issued  by  the  said  company  under  its 
charter,  and  all  municipal  bonds  now  owned  by  the  said  company 
or  hereafter  to  be  issued  in  payment  of  subscriptions  to  their 


46 


Limitation. 


Time  of  sale. 


Proviso. 


capital  stock,  and  the  property,  real  and  personal,  which  the  said 
company  now  holds  or  may  acquire,  shall  be  exempt  from  taxation 
until  the  completion  and  equipment  of  the  said  road :  Provided , 
Said  exemption  shall  not  continue  longer  than  ten  years  from  the 
passage  of  this  act,  for  which  period  the  time  for  the  completion  of 
said  road  with  one  or  more  tracks,  is  hereby  extended. 

J.  LAWRENCE  GETZ, 

Speaker  of  the  House  of  Representatives. 
DAVID  TAGGART, 

Speaker  of  the  Senate. 

Approved  the  twenty-first  day  of  May,  Anno  Domini  one  thousand 
eight  hundred  and  fifty-seven. 

JAS.  POLLOCK. 


AN  ACT 

FOR  THE  SALE  OF  THE  STATE  CANALS. 

Section  1.  Be,  it  enacted  by  the  Senate  and  House  of  Represen¬ 
tatives  of  the  Commonwealth  of  Pennsylvania,  in  General  Assembly 
met ,  and  it  is  hereby  enacted  by  the  authority  of  the  same,  That  it  shall 
be  the  duty  of  the  Governor,  within  thirty  days  after  the  passage  of 
this  act,  to  sell  and  deliver  to  the  Sunbury  and  Erie  Railroad  Com¬ 
pany,  provided  the  said  company  shall  agree  to  purchase  the  same, 
all  the  public  works  of  the  CommonwTealth  now  remaining  unsold, 
consisting  of  the  Delaware  Division,  the  Lower  North  Branch  Di¬ 
vision,  the  Upper  North  Branch  Division,  the  West  Branch  Divi¬ 
sion,  and  the  Susquehanna  Division  of  the  Pennsylvania  Canal, 
with  all  the  property  thereto  belonging  or  in  any  wise  appertaining, 
and  all  the  estate,  right,  title  and  interest  of  this  Commonwealth 
therein  for  the  price  or  sum  of  three  millions  five  hundred  thousand 
dollars,  on  the  terms  and  conditions  hereinafter  expressed  :  Pro¬ 
vided,  That  the  Upper  and  Lower  North  Branch  Division  of  the 
Canals  embraced  in  this  bill  shall  not  be  bargained,  leased,  or  sold 
by  the  Sunbury  and  Erie  Railroad  Company  to  any  other  than  citi¬ 
zens  resident  in  the  vicinity  of  the  same,  or  corporations  or  persons 
who  may  now  be  the  owners  of  real  estate  in  the  same  vicinity. 


47 


Section  2.  That  the  Sunbury  and  Erie  Railroad  Company  shall 
execute  and  issue  their  bonds  for  seven  millions  of  dollars,  bearing  Tss13e  ofbonc*s* 
interest  at  the  rate  of  five  per  centum  per  annum,  payable  semi¬ 
annually  on  the  thirty-first  days  of  January  and  July  in  each  year, 
of  which  said  bonds  one  million  of  dollars  shall  be  due  and  payable 
in  the  year  one  thousand  eight  hundred  and  seventy-two,  and  one 
million  of  dollars  in  each  of  the  six  succeeding  years,  and  shall  not 
be  subject  to  taxation,  and  the  payment  of  said  bonds  shall  be  se¬ 
cured  by  a  mortgage  to  be  executed  and  delivered  by  the  said  Com- Mortgage 
pany  to  two  or  more  trustees  of  the  whole  line  of  their  railroad, 
finished  and  unfinished,  from  Sunbury  to  the  harbor  of  Erie,  includ¬ 
ing  all  their  real  estate,  together  with  the  rights,  privileges,  and 
franchises  of  said  company,  which  said  mortgage  shall  be  recorded 
in  the  office  for  the  recording  of  deeds  for  the  city  and  county  of 
Philadelphia,  and  deposited  for  safe  keeping  in  the  office  of  the 
State  Treasurer,  and  shall  be  a  lien  on  all  the  mortgaged  property 
without  further  record,  and  the  State  Treasurer  shall  receive  from 
the  said  company  three  millions  five  hundred  thousand  dollars  of  the 
said  bonds  in  settlement  for  the  purchase  money  of  the  said  canals 
and  property,  and  the  residue  thereof  shall  be  reserved  and  deposited 
in  the  office  of  the  State  Treasurer,  to  be  surrendered  to  the  said 
company  for  the  purposes,  at  the  times,  and  on  the  conditions  here¬ 
inafter  expressed:  Provided ,  That  no  money  which  may  come  into  Provi3(7 
the  possession  of  the  Sunbury  and  Erie  Railroad  Company,  as  the 
proceeds  of  the  sale  of  the  within  mentioned  canals,  shall  be  appro¬ 
priated  to  the  payment  of  the  debts  due  to  contractors  or  other 
parties  for  work  done  or  materials  furnished  previous  to  the  passage 
of  this  act:  Provided ,  That  as  soon  as  the  Sunbury  and  Erie  Rail-  Proviso 
road  shall  be  so  far  constructed  as  to  be  in  running  order  or  open  for 
business  with  a  single  track  as  far  as  Ridgway,  in  Elk  county,  it 
shall  be  the  duty  of  the  Sunbury  and  Erie  Railroad  Company,  and 
they  are  hereby  authorized  and  required  to  subscribe  for  stock  in 
the  Allegheny  Valley  Railroad  Company  to  the  amount  of  half  a 
million  of  dollars,  to  be  paid  for  in  the  bonds  of  said  company,  to  be 
issued  over  and  above  the  seven  millions  for  the  payment  of  the 
public  works  and  the  completion  of  the  Sunbury  and  Erie  Railroad, 
and  when  issued,  shall  be  deposited  in  the  office  of  the  State  Trea¬ 
surer,  and  which  said  bonds  shall  each  bear  interest  at  the  rate  of 
five  per  cent,  per  annum,  payable  half-yearly,  shall  not  be  subject  to 
taxation,  and  shall  be  payable  the  one-tenth  in  one  year  and  one-tenth 


48 


Additional 

security 


When  canceled. 


annually  thereafter  from  the  date  of  their  delivery,  which  date  shall 
be  written  upon  each  bond  at  the  time  of  their  delivery,  and  the  said 
bonds  shall  be  delivered  to  the  said  Allegheny  Valley  Railroad  Com¬ 
pany  by  the  Governor  whenever  three  competent  and  disinterested 
civil  engineers  shall  certify  to  him  that  inclusive  of  the  said  bonds 
the  said  last  named  company  have  an  amount  of  means  sufficient  to 
construct  their  said  railroad  from  the  mouth  of  Mahoning,  in  Arm¬ 
strong  county,  to  or  near  the  town  of  Brookville,  in  Jefferson  county, 
in  a  direction  and  with  a  view  to  connect  with  the  Sunbury  and 
Erie  Railroad  at  or  near  Ridgway,  or  at  or  near  Winslow,  in  the  county 
of  Elk,  the  said  half  million  of  dollars  to  be  applied  strictly  and 
exclusively  to  the  work  of  construction  of  the  said  Allegheny  Valley 
Railroad  ;  and  further,  the  said  Sunbury  and  Eric  Railroad  Com¬ 
pany  shall  in  no  case,  in  charges  or  duties,  or  in  any  other  way, 
discriminate  against  the  Allegheny  Valley  Railroad  Company,  in 
the  transportation  of  freights  or  passengers  over  their  road  from 
the  point  of  connection  of  the  said  two  roads  to  any  other  point 
on  the  Sunbury  and  Erie  Railroad  ;  and  if  the  said  Sunbury  and 
Erie  Railroad  Company  shall  at  any  time  hereafter  deem  it  expedient 
to  the  interests  of  that  company,  and  promotive  of  public  utility, 
they  shall  have  power,  and  are  hereby  authorized,  to  subscribe  for 
an  additional  amount  of  stock  in  the  Allegheny  Valley  Railroad 
Company,  and  provide  for  the  payment  thereof  in  money  or  by 
the  issue  of  bonds,  as  may  be  judged  most  advisable  by  the  said 
Sunbury  and  Erie  Railroad  Company. 

Section  3.  That  as  additional  security  for  the  payment  of  the 
purchase  money  of  the  said  property,  the  Sunbury  and  Erie  Rail¬ 
road  Company  shall  execute  and  deliver  to  the  State  Treasurer,  a 
mortgage  on  the  Delaware  Division  of  said  Canal,  for  one  million 
of  dollars;  a  mortgage  on  the  Susquehanna  and  West  Branch  Divi¬ 
sion,  for  half  a  million  of  dollars,  and  a  mortgage  on  the  Lower  and 
Upper  North  Branch  Divisions,  for  half  a  million  of  dollars,  condi¬ 
tioned  for  the  payment  of  an  equal  amount  of  the  said  purchase 
money  bonds  at  the  maturity  thereof ;  which  said  mortgages  shall 
be  deposited  in  the  office  of  the  State  Treasurer,  and  shall  be,  with¬ 
out  record,  the  first  liens  on  the  property  therein  described.  And 
if  the  Sunbury  and  Erie  Railroad  Company  shall  at  any  time  sell 
the  said  canals,  or  either  of  them,  the  mortgage  or  mortgages  on 
the  canal  or  canals  so  sold  shall  be  canceled  by  the  State  Treasurer, 
and  surrendered  to  the  said  Company  by  the  Governor,  on  deposit 


49 


made  by  the  said  Company  in  the  office  of  the  State  Treasurer  of 
an  equal  amount  of  the  bonds  of  their  grantees,  secured  by  mort.  Additional 
gage  of  the  canal  or  canals  sold  as  aforesaid.  And  when  the  said  surrendered. 
Company  shall  have  progressed  with  the  work  on  the  line  of  their 
road  so  far  as  to  have  that  part  thereof  which  extends  from  Wil¬ 
liamsport  to  the  mouth  of  the  Sinnemahoning  ready  for  the  super¬ 
structure,  and  satisfactory  evidence  is  produced  to  the  Governor 
that  there  is  secured  on  available  subscriptions  to  the  stock  of  the 
Company,  to  be  collected  and  applied  in  the  progress  of  the  work, 
one  million  of  dollars  in  addition  to  the  amount  now  paid  in,  the 
Governor  shall  surrender  to  the  said  Company  one-half  of  the 
amount  of  said  additional  security  ;  and  when  the  western  end  of 
the  said  road,  extending  from  the  harbor  of  Erie  to  the  borough  of 
Warren,  shall  be  ready  for  the  superstructure,  the  Governor  shall 
then  surrender  to  the  said  Company  the  remaining  half  of  said 
additional  security,  to  be  employed  by  them  first  in  the  completion 
of  the  said  divisions  of  the  said  work,  and  then,  as  to  the  surplus, 
in  the  construction  of  other  parts  thereof,  which  progress  in  the 
work  shall  be  ascertained  and  determined  by  three  disinterested 
persons,  appointed  by  the  Governor  for  that  purpose,  at  least  one  of 
whom  shall  be  a  skillful  and  experienced  Civil  Engineer :  Pro-  prov;so. 
vided ,  That  no  such  sale  or  transfer  shall  be  made  by  the  Sunbury 
and  Erie  Railroad  Company  without  the  written  consent  and 
approval  of  the  Governor,  to  be  filed  in  the  office  of  the  Secretary 
of  the  Commonwealth,  being  first  had  and  obtained;  and  no  can¬ 
celation  or  surrender  of  the  bonds  or  mortgages  of  the  Sunbury 
and  Erie  Railroad  Company  shall  be  made,  and  no  acceptance  of 
the  bonds  or  mortgages  of  their  grantee  or  grantees  shall  be  received 
in  lieu  thereof,  by  the  State  Treasurer,  until  the  Governor  shall  be 
satisfied  that  the  new  securities  to  be  given  are  sufficient  to  protect 
the  interest  of  the  Commonwealth,  and  the  written  approval  of  the 
exchange  of  securities  shall  be  filed  in  the  office  of  the  State  Trea¬ 
surer:  Provided ,  That  if  the  Sunbury  and  Erie  Railroad  Company  rroviso. 
shall  sell  said  canals  for  a  greater  sum,  in  the  aggregate,  than  three 
and  a  half  millions  of  dollars,  seventy-five  per  centum  of  said  excess 
shall  be  paid  to  the  Commonwealth,  by  a  transfer  of  so  much  of  the 
bonds  and  securities  as  said  Railroad  Company  shall  receive  for  the 
same,  and  payable  in  like  manner:  And  'provided  further,  That  the 
President  of  said  Sunbury  and  Erie  Railroad  Company  shall  make 
return  to  the  Governor,  under  oath,  of  such  sale  or  sales,  and  the 
terms  and  conditions  thereof,  as  the  same  may  be  made. 


50 


when  works  Section  4.  ill  at  on  the  delivery  of  the  said  bonds  and  mort- 

to  be  transferred 

by  Governor,  gages  to  the  State  Treasurer,  for  the  purposes  mentioned  in  the 
second  and  third  sections  of  this  Act,  the  Governor  shall,  under 
the  great  seal  of  the  Commonwealth,  transfer  and  deliver  to  the 
Sunbury  and  Erie  Railroad  Company,  their  successors  and  assigns 
forever,  all  of  the  said  works  mentioned  in  the  first  section  of  this 
Act,  with  the  appurtenances,  and  all  the  right,  title  and  interest, 
property,  claim  and  demand  whatsoever,  of  the  Commonwealth  of 
Pennsylvania,  of,  in  and  to  the  same,  and  every  part  thereof.  And 
Proclamation  the  Governor  shall  thereupon  give  notice,  by  proclamation,  of  the 

Of 

said  sale  and  delivery;  but  all  superintendents,  toll-collectors, 
officers  and  agents  of  the  Commonwealth,  employees  on  or  about 
the  said  canals  and  property,  shall  continue,  nevertheless,  to  dis¬ 
charge  the  duties  of  their  respective  offices,  at  the  expense  of  the 
said  purchasers,  until  removed  or  re-appointed  by  them,  and  the 
official  bonds  of  said  officers  and  agents  shall  inure  to  the  use  of  said 
purchasers  as  to  all  moneys  received  and  acts  done  by  them  sub¬ 
sequent  to  the  date  of  the  said  transfer  and  proclamation. 

Rights,  privi-  Section  5.  That  the  said  Company,  their  successors  and  assigns, 

leges, franchises,  ,  n  i  i  i  j  •  ,i  •  ,  .  /»  i  i* 

Ac.  shall  hold,  possess,  use,  and  enjoy  the  said  property  tree  and  dis¬ 

charged  from  all  incumbrances,  except  as  provided  in  this  Act, 
with  the  same  rights,  privileges  and  franchises  respecting  the 
management,  maintenance,  improvement,  and  enjoyment  of  the 
same,  and  to  enter  into  and  upon  the  River  Delaware,  as  have  here¬ 
tofore  been  granted  to  the  Lehigh  Coal  and  Navigation  Company  of 
this  State  for  the  construction,  management,  maintenance,  improve¬ 
ment  and  enjoyment  of  the  canal  navigation  aud  property  owned  by 
them  ;  and  the  said  Sunbury  and  Erie  Railroad  Company  shall  have 
authority  to  grant,  sell  and  convey,  or  to  lease  for  a  term  of  years 
the  whole,  or  any  part  of  the  said  property,  to  any  corporation  of 
this  State,  or  to  any  association  of  individuals;  and  their  grantees 
shall  hold  and  enjoy  the  same,  together  with  all  the  rights,  privi¬ 
leges  and  franchises  granted  by  this  act  to  the  Sunbury  and  Erie 
Railroad  Company,  and  under  such  corporate  name  as  the  said 
grantees  may  adopt;  and  the  said  grantees  are  hereby  authorized  to 
issue  their  bonds  for  purchase  money,  to  be  secured  by  mortgage  of 
the  property  granted  and  sold  to  them  as  aforesaid  ;  and  the  Sunbury 
and  Erie  Railroad  Company,  or  their  assigns,  immediately  after  taking 
possession  of  the  said  canals,  shall  be  bound  to  keep  up  the  same, 
including  public  and  private  bridges  crossing  the  said  canals,  as  here- 


51 


tofore  done  by  the  Canal  Commissioners,  in  as  good  repair  and  opera.  To  be  kept  in 
ting  condition  as  they  now  are;  and  they  shall  be  and  remain  public  remain  public 
highways  forever  for  the  use  and  enjoyment  of  all  persons  desiring  hlgh'vays- 
to  use  the  same,  subject  to  such  rules  and  regulations  as  the  owners 
thereof  may  from  time  to  time  establish,  but  the  tolls  on  said  canals 
shall  not  exceed  the  rates  fixed  by  the  toll  sheet  published  by  the 
Canal  Commissioners  for  the  year  one  thousand  eight  hundred  and 
fifty-six.  Provided ,  That  the  said  Sunbury  and  Erie  Railroad  Com-  Proviso, 
pany,  and  its  several  vendees  and  assigns,  who  shall  take  the  said 
public  works  under  the  provisions  of  this  act,  shall  take  and  hold  the 
same  and  their  appurtenances,  subject  to  all  contracts  and  arrange¬ 
ments  heretofore  made  by  Act  of  Assembly  or  otherwise,  for  and  in 
respect  to  the  use  and  enjoyment  of  said  works  and  their  appurten¬ 
ances,  and  shall  carry  out  the  same  with  all  persons  interested 
therein  in  the  same  manner  as  the  Commonwealth  or  its  agents  are 
now  required  to  do  by  law. 

Section  6.  That  on  or  before  the  completion  of  the  two  divisions  Appointment  of 
of  the  said  road  mentioned  in  the  third  section  of  this  act,  the  mSe  costof  fln" 
Governor  shall  appoint  three  competent  engineers,  the  expenses  0f  lshlDg r"ad- 
whom  shall  be  paid  by  the  Sunbury  and  Erie  Railroad  Company, 
one  of  whom  shall  be  the  Chief  Engineer  of  the  said  Company,  to 
ascertain  and  report  to  him  the  probable  cost  of  completing  the 
unfinished  portion  of  the  said  road,  with  a  single  track  of  rails, 
weighing  not  less  than  fifty  pounds  to  the  yard,  properly  ballasted, 
with  the  necessary  turnouts  and  water  stations,  so  as  to  form  an 
uninterrupted  line  of  railroad  from  Sunbury  to  the  harbor  of  Erie ; 
and  whenever  the  means  of  the  Company,  including  the  three  mil¬ 
lions  five  hundred  thousand  dollars  of  reserved  bonds  deposited  in  Progress  of  road 
the  office  of  the  State  Treasurer  in  pursuance  of  the  second  section  t0  comPletIon- 
of  this  act,  shall  be  sufficient,  in  the  opinion  of  the  Governor  and 
the  said  engineers,  to  complete  said  railroad,  as  aforesaid,  the  Gov¬ 
ernor  shall  deliver  to  the  said  Company  one  million  of  dollars  of 
said  reserved  bonds  forthwith,  and  the  remaining  two  and  one-half 
millions  thereof  he  shall  deliver  to  the  said  Company  from  time  to 
time,  pari  passu  with  the  progress  of  the  work,  as  ascertained  by 
the  returns  and  estimates  of  the  Chief  Engineer  of  the  said  Com¬ 
pany  ;  and  before  delivering  any  of  the  said  bonds  to  the  Company, 
there  shall  be  endorsed  thereon,  over  the  signature  of  the  Governor, 
the  words,  u  first  mortgage  bonds  issued  under  the  act  entitled  an 
act  for  the  sale  of  the  State  Canals;”  and  no  bonds  issued  by  the 
5 


52 


Proviso. 


ral  to  sue  out  un 
canceled 
gages. 


Company,  except  those  owned  and  held  by  the  State,  shall  be  con¬ 
sidered  valid  and  entitled  to  the  security  of  the  said  mortgage  with¬ 
out  the  indorsement  of  the  Governor  as  aforesaid.  Provided ,  That 
the  said  indorsement  by  the  Governor  shall  not  be  construed  to 
create  any  liability  whatsoever  on  the  part  of  the  Commonwealth  to 
the  holders  or  indorsers  of  said  bonds,  and  that  if  the  Sunbury  and 
Erie  Railroad  Company  shall  fail  to  pay  the  principal  or  interest  of 
any  of  the  said  bonds  for  ninety  days  after  the  same  shall  become 
Attorney  Gene-  due  and  payable,  it  shall  be  the  duty  of  the  Attorney  General  to  sue 
moia-  ou^  the  mortgage,  and  also  any  mortgage  or  mortgages  on  the 
said  canals  which  may  remain  uncanceled,  by  writs  of  scire  facias, 
to  be  issued  out  of  the  Supreme  Court  of  this  Commonwealth,  of 
which  notice  shall  be  given,  by  advertisements  for  thirty  days  in 
one  or  more  daily  newspapers  published  in  the  cities  of  Philadelphia 
And  sell  mort_  and  New  York;  and  to  sell  the  mortgaged  premises,  together  with 
gaged  premises,  £pe  righfcg  an(j  franchises  of  said  Company  appertaining  thereto,  by 
execution,  to  be  directed  to  the  Secretary  of  the  Commonwealth ; 
and  on  the  return  of  the  said  execution,  and  the  confirmation  of  the 
sale  by  the  said  court,  the  Secretary  of  the  Commonwealth  shall,  by 
deed  or  deeds,  reciting  the  said  proceedings,  executed  under  the  great 
seal  of  the  Commonwealth,  grant  and  convey  the  property  and 
estate  so  sold  to  the  purchasers  thereof,  who  shall  have,  hold  and 
enjoy  the  same,  free  and  discharged  from  all  incumbrances,  with  all 
the  rights  and  privileges  granted  by  this  act,  and  heretofore  granted 
to  the  Sunbury  and  Erie  Railroad  Company,  so  far  as  the  same  may 
be  applicable  thereto,  and  the  said  deed  or  deeds  shall  be  acknow¬ 
ledged  in  open  court,  as  in  other  cases,  and  recorded  among  the 
records  thereof.  And  provided ,  that  the  entire  proceeds  of  this 
sale  of  the  said  canals  shall  be  paid  into  the  Sinking  Fund,  and 
applied  to  the  payment  of  the  State  debt;  and  the  said  Sunbury 
and  Erie  Railroad  Company  may  pay  off  and  satisfy  the  principal  or 
any  of  the  bonds  given  for  said  purchase  money,  at  or  before  the 
maturity  thereof,  in  the  certificates  of  loan  of  this  Commonwealth, 
at  their  par  value. 

Section  7.  That  any  and  all  claims  for  damages  or  other  demands 
against  the  Commonwealth,  by  individuals  or  companies,  in  rela¬ 
tion  to  the  location,  construction,  repair,  management  or  use  of  any 
of  the  divisions  of  canal  sold  under  the  provisions  of  this  act,  shall, 
if  established,  be  paid  by  the  purchaser  of  the  proper  line  or  divi¬ 
sion,  the  amount  to  be  ascertained  and  payment  thereof  made  as 


Conveyance. 


Possession  and 
enjoyment. 


Proviso. 


Purchaser  to 
pay  all  claims 
against  Com¬ 
monwealth. 


58 


the  Legislature  may  direct;  hut  in  any  case  the  purchaser  shall 
have  notice,  and  an  opportunity  to  he  heard  against  the  allowance 
of  such  demand.  Provided,  however,  That  this  section  shall  not  Proviso, 
relate  to  any  obligation  or  claim  incurred  in  the  construction,  man¬ 
agement  or  repair  of  the  said  canals  for  the  current  fiscal  year,  and 
prior  to  the  time  of  transfer. 

G.  NELSON  SMITH, 

Speaker  of  the  House  of  Representatives  pro  tern. 

JOHN  CHESS  WELL, 

Speaher  of  the  Senate  pro  tern . 

Approved  the  twenty -first  day  of  April,  A.  I).  one  thousand  eight 
hundred  and  fifty-eight. 


WM.  F.  PACKER. 


■ 

4  • 


'•  .  I.,  ’ 


'■  4  r<«;  .  . 


